United States v. Woods

313 F. Supp. 3d 197
CourtCourt of Appeals for the D.C. Circuit
DecidedJune 19, 2018
DocketCriminal Action No. 07–194 (RMC)
StatusPublished
Cited by5 cases

This text of 313 F. Supp. 3d 197 (United States v. Woods) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Woods, 313 F. Supp. 3d 197 (D.C. Cir. 2018).

Opinion

ROSEMARY M. COLLYER, United States District Judge

Defendant Donna Woods moves pro se for the expungement of her conviction and all related arrest records in this matter. As explained below, Ms. Woods presents no extraordinary reasons to grant her motion so the Court will deny it.

I. BACKGROUND

On August 8, 2007, the government filed a two-count information against Ms. Woods, charging her with one count of mail fraud to obtain money in violation of 18 U.S.C. § 1341 and one count of second degree theft for wrongfully obtaining and using unemployment insurance payments, in violation of 22 D.C. Code §§ 3211, 3212(b). See Information [Dkt. 1]. On September 21, 2007, Ms. Woods pled guilty to one count of second degree theft. See Plea Agreement [Dkt. 4] at 1. The government dismissed Count 1, mail fraud, on an oral motion at sentencing. See 1/2/2008 Minute Entry. On January 2, 2008, the Court sentenced Ms. Woods to 180 days incarceration, 36 months of probation, and restitution of $18,945.00 at a rate of $400.00 per month. See Judgment [Dkt. 11]. In accord with a recommendation from the Probation Office, Ms. Woods' supervision was allowed to expire as scheduled on January 1, 2011. See Probation Petition [Dkt. 13] at 2; see also 7/21/2010 Minute Order.

On January 18, 2018, Ms. Woods moved to expunge all criminal records relating to "two counts of 'second degree theft,' " so that she might "apply for work in the Federal government and restore [her]self." See Mot. to Expunge (Mot.) [Dkt. 14] at 1. In support of her motion, Ms. Woods apologizes for her actions and states that she will not engage in future criminal conduct. She also states that the Probation Office for the District Court of the District of Columbia has certified that she has satisfied all conditions of her probation, and that she has paid her restitution in full. Id.

In its opposition, the government contends that the harm of being unable to obtain federal government employment is neither unusual nor sufficient to outweigh the government's legitimate interest in maintaining criminal records. See Opp'n to Mot. to Expunge (Opp'n) [Dkt. 16] at 7.

II. LEGAL STANDARD

The authority to grant expungement derives from the "general power of *199the federal courts to fashion appropriate remedies to protect important legal rights." Doe v. Webster , 606 F.2d 1226, 1230 n.8 (D.C. Cir. 1979). The remedy is "inherent and is not dependent on express statutory provision, and it exists to vindicate substantial rights provided by statute as well as by organic law." Menard v. Saxbe , 498 F.2d 1017, 1023 (D.C. Cir. 1974).

However, there is no "nebulous" or "standalone" right to expungement. Abdelfattah v. Dep't of Homeland Sec. , 787 F.3d 524, 536, 538 (D.C. Cir. 2015). "Even individuals who were never convicted are not entitled to the expungement of their arrest records as a matter of course." Doe , 606 F.2d at 1231. The decision to grant expungement of criminal records requires careful consideration of the particular facts and circumstances of each case, and depends upon the court's ultimate determination that the "remedy is necessary and appropriate in order to preserve basic legal rights." Sullivan v. Murphy , 478 F.2d 938, 968 (D.C. Cir. 1973). The court must find a "logical relationship between the injury and the requested remedy." Livingston v. DOJ , 759 F.2d 74, 78 (D.C. Cir. 1985) (citation omitted).

A court's decision regarding an expungement request requires a "delicate balancing of the equities." Id. "The general rule... [is that] expungement of an arrest record is appropriate when serious governmental misbehavior leading to the arrest, or unusually substantial harm to the defendant not in any way attributable to him, outweighs the government's need for a record of the arrest." Doe , 606 F.2d at 1231. Expungement is the proper remedy when there is a "lack of probable cause coupled with special circumstances, flagrant violations of the Constitution, or other unusual and extraordinary circumstances." Id. at 1230 (citation omitted). Extraordinary circumstances may include politically or racially motivated arrests, misleading law enforcement testimony, incorrect legal advice, or an arrest that was predicated on a statute that was subsequently declared unconstitutional. Id. at 1230 nn.10-11 (noting examples of "extraordinary circumstances" that had justified expungement) (citations omitted).

III. ANALYSIS

Ms. Woods seeks expungement of her criminal record so that she may clear her name and advance her career by seeking reemployment with the federal government. She has satisfied all conditions of her probation and asserts that she will not be "putting [her]self in situations of this type ever again." Mot. at 1. She neither challenges the legality of her conviction on constitutional grounds, nor claims that any statute authorizes her expungement request.

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Bluebook (online)
313 F. Supp. 3d 197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-woods-cadc-2018.