United States v. Spinner

72 F. Supp. 3d 266, 2014 U.S. Dist. LEXIS 155706, 2014 WL 5581108
District Court, District of Columbia·Decided November 4, 2014·No. Criminal No. 1996-0300·Published·Cited by 5 cases

Opinion

MEMORANDUM OPINION AND ORDER

PAUL L. FRIEDMAN, United States District Judge

This matter is before the Court on defendant Richard Spinner’s pro se motions to expunge and seal his criminal record. The government opposes the' motions. Upon consideration of Mr. Spinner’s motions, the government’s opposition memo-randa, and the relevant legal authorities, the Court will deny Mr. Spinner’s motions. 1

I. BACKGROUND

Following a jury trial in February 1997, Mr. Spinner was convicted of (1) possession of a firearm by a convicted felon, and (2) possession of ammunition by a convicted felon, both in violation of 18 U.S.C. § 922(g)(1) (Counts One and Two); (3) possession of a semi-automatic assault weapon, in violation of 18 U.S.C. § 922(v)(l) (Count Three); (4) possession with intent to distribute cocaine within 1,000 feet of a school, in violation of 21 U.S.C. § 860(a) (Count Four); and (5) possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C) (Count Five). 2 The Court sentenced Mr. Spinner on Counts One, Two, Three, and Four and dismissed Count Five because it was a lesser-included offense of Count Four.

*268 Mr. Spinner appealed and, in July 1998, the United States Court of Appeals for the District of Columbia Circuit reversed Mr. Spinner’s conviction for possession of a semiautomatic assault weapon (Count Three) and reversed and remanded his conviction for possession with intent to distribute cocaine within 1,000 feet of a school (Count Four). United States v. Spinner, 152 F.3d 950, 962 (D.C.Cir.1998). The remaining convictions for possession of a firearm by a convicted felon (Count One) and possession of ammunition by a convicted felon (Count Two) were affirmed. Id.

The Court resentenced Mr. Spinner on Count One and Count Two in October 1998; on the oral motion of the government, Counts Three and Four were dismissed. United States v. Spinner, 109 F.Supp.2d 18, 19-20 (D.D.C.2000), aff'd, 22 Fed.Appx. 6 (D.C.Cir.2001). Thus, of the five original counts, Mr. Spinner remains convicted only of possession of a firearm by a convicted felon and possession of ammunition by a convicted felon. Id. 3 The fact of his arrest and his indictment on all counts remains a matter of public record.

Mr. Spinner now requests that this Court expunge and seal his criminal record, which he says has interfered with his ability to obtain and retain employment. See Mot. to Expunge App. A at l. 4 Specifically, Mr. Spinner states that he is currently a welder and a member of the Iron Workers Trade Union and that expungement of his criminal record will allow him to gain a security clearance, which will “open doors for [him] to do [his] trade.” Id. at 2. Mr. Spinner does not contest his guilt or any of the circumstances surrounding his arrest and conviction.

II. DISCUSSION

The Court may order expungement where it is required or authorized by statute, or “in the exercise of [its] inherent equitable powers.” Doe v. Webster, 606 F.2d 1226, 1230 (D.C.Cir.1979); see id. at 1230 n.8 (“The power to order expungement is a part of the general power of the federal courts to fashion appropriate remedies to protect important legal rights.”). When the Court exercises its inherent equitable power to order expungement of a record of arrest, It requires “either a lack of probable cause coupled with specific circumstances, flagrant violations of the Constitution, or other unusual and extraordinary circumstances.” Id. at 1230 (footnotes omitted). And with respect to a record of conviction, the Court similarly will exercise its inherent equitable authority only when expungement is necessary “to vindicate substantial rights provided by statute [or] organic law.” Id. at 1232 (quoting Menard v. Saxbe, 498 F.2d 1017, 1023 (D.C.Cir.1974)) 1 (internal quotation marks omitted).

“[A]bsent specific statutory authority” — and Mr. Spinner cites no such authority — “it would be wholly inappropriate to order ... expungement in a case such as this,” where there has been a valid arrest and indictment and, on some counts, a valid conviction. See Doe v. Webster, 606 F.2d at 1231. Moreover, Mr. Spinner has failed “to make the necessary showing for *269 this Court to exercise its inherent, equitable expungement power.” United States v. Archer, Criminal No. 07-0029(PLF), 2012 WL 5818244, at *1 (D.D.C. Nov. 13, 2012) (quoting United States v. Wilson, No. 98-mj-0558, 2008 WL 2446134, at *1 (D.D.C. June 17, 2008)).

Mr. Spinner states that “many times [his] past criminal record has caused [his] termination or prevented [him] from obtaining jobs in [his] field.” Mot. to Expunge App. A at 1. While it is true that a criminal record can be a “substantial barrier to employment,” see Menard v. Saxbe, 498 F.2d at 1024, that bare generalization does not warrant the remedy of expungement of a record of arrest or conviction. See In re Reid, 569 F.Supp.2d 220, 222 (D.D.C.2008) (“[W]hile this Circuit has long recognized the fact that a criminal record causes social disabilities, the harm of being unable to obtain employment is insufficient on its own [to justify expungement].” (citations omitted)); see also United States v. Baccous, No. 99-0596 DAR, 2013 WL 1707961, at *2 (D.D.C. Apr. 22, 2013) (“Defendant’s concerns regarding his employment ... are unquestionably valid; however, under existing law, they do not afford the court discretion to expunge his record.”).

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United States v. Spinner, 72 F. Supp. 3d 266, 2014 U.S. Dist. LEXIS 155706, 2014 WL 5581108 (D.D.C. 2014).

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