U.S. v. Willis

Full title: UNITED STATES OF AMERICA, Plaintiff, v. CARI ELLYN WILLIS, Defendant

Court: United States District Court, D. Kansas

Date published: Oct 15, 2008

CRIMINAL ACTION, No. 98-20065-01-KHV (D. Kan. Oct. 15, 2008)

Opinion

CRIMINAL ACTION, No. 98-20065-01-KHV.

October 15, 2008

MEMORANDUM AND ORDER

KATHRYN VRATIL, District Judge

This matter is before the Court on defendant's Motion To Expunge (Doc. #27) filed October 2, 2008. For reasons stated below, the Court overrules defendant's motion.

Defendant asks the Court to expunge the records in this case to help her re-integrate into the community. Any authority to order expungement must stem from the inherent equitable powers of the court. United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir. 1993). A court may exercise such authority only in "extreme circumstances" such as when a conviction has been invalidated as unconstitutional, illegal or obtained through government misconduct. Id.; United States v. Green, No. 90-20012-02-JWL, 2007 WL 2316920, at *1 (D. Kan. Aug. 8, 2007). Absent an allegation that the conviction was improper, the Court does not have authority to expunge a conviction or the records in a case.Pinto, 1 F.3d at 1070.

Here, defendant does not allege that her conviction was improper. Accordingly, the Court does not have authority to expunge her conviction.

IT IS THEREFORE ORDERED that defendant's Motion To Expunge (Doc. #27) filed October 2, 2008 be and hereby is OVERRULED.