Opinion
Case No. 14-51212
08-31-2015
UNITED STATES OF AMERICA, Plaintiff, v. JOHN WILLIAM KIRK, Defendant.
ORDER DENYING MOTION FOR EXPUNGEMENT
This matter is before the Court on Defendant John Kirk's Motion for Expungement [Docket No. 2, filed September 9, 2014]. The criminal docket sheet filed with the Court indicates that on February 17, 1971, an Indictment was filed charging Mr. Kirk with Possession of Illegal Firearm, 26 U.S.C. § 5861(d). The docket sheet also indicates that on November 18, 1971, Mr. Kirk was charged with Interstate Transfer, 18 U.S.C. § 1202(a). Mr. Kirk plead guilty to the charge and on January 10, 1972, he received a two-year term of probation.
Mr. Kirk asserts that he is seeking expungement of his criminal conviction to reassure himself that he lived a quality life. Because firearm ownership is important to him, Mr. Kirk also wants the expungement so that he will be able to purchase a firearm.
In United States v. Doe, 556 F.2d 391, 393 (6th Cir. 1977), the Sixth Circuit, in denying expungement, stated that federal courts have "inherent equitable powers ... to order the expungement of a [criminal] record in an appropriate case." Since Doe, the Sixth Circuit has noted that it had not put forward a standard to resolve which cases are "appropriate," but has stated that the power is to be used "only in extreme circumstances." United States v. Robinson, 79 F.3d 1149, 1996 WL 107129, *1 (6th Cir. Mar. 8, 1996). The power to expunge has been invoked with regard to "illegal convictions, convictions under statutes later deemed unconstitutional, and convictions obtained through government misconduct." Id. at *2. Courts have not granted expungement based on the inability to obtain employment, to legally possess firearm, and to become a lawful citizen of the United States, even though the a defendant has attained many accomplishments since the conviction and has lived a law abiding life. See United States v. Saah, 2007 WL 734984 (E.D. Mich. Mar. 8, 2007); United States v. Ursery, 2007 WL 1975038 (E.D. Mich. Jul. 2, 2007); United States v. Lind, 2006 WL 2087726 (E.D. Mich. Jul. 25, 2006).
Based on Mr. Kirk's motion, it appears he has lived as a law-abiding and productive citizen since his conviction. While the Court understands Mr. Kirk's desire to have a criminal record that is "free and clear," Mr. Kirk's situation does not support expungement of his conviction.
Accordingly,
IT IS ORDERED that Defendant's Motion for Expungement [Docket No. 2, filed September 9, 2014] is DENIED.
IT IS FURTHER ORDERED that this miscellaneous-numbered case is CLOSED.
S/Denise Page Hood
Denise Page Hood
United States District Judge
Dated: August 31, 2015 I hereby certify that a copy of the foregoing document was served upon counsel of record on August 31, 2015, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager