BROWN v. UNITED STATES OF AMERICA

Filing 17

ORDER THAT THE PETITIONER FOR EXPUNGEMENT AND PETITIONER'S MOTION FOR A NUNC PRO TUNC ORDER ARE GRANTED. PETITIONER IS GRANTED EARLY UNCONDITIONAL DISCHARGE FROM HIS PROBATIONARY TERM, WHICH ENDED ON OR ABOUT 9/19/1974, NUNC PRO TUNC. PETITIONER 'S FEDERAL MISDEMEANOR CONVICTION FOR VIOLATION OF 18 U.S.C. 641 ON OR ABOUT 3/14/1974, IS AUTOMATICALLY SET ASIDE, I.E. EXPUNGED. A CERTIFICATE SETTING ASIDE, I.E. EXPUNGING PETITIONER'S CONVICTION IS ISSUED NUNC PRO TUNC, PURSUANT TO 18 U .S.C. 5021(b) (1970) (REPEALED 1984). IT IS FURTHER ORDERED THAT ALL GOVERNMENT OR LAW ENFORCEMENT AGENCIES CURRENTLY IN POSSESSION OF ANY RECORDS IN CONNECTION WITH PETITIONER'S ARREST, BOOKING, AND CONVICTION MUST PHYSICALLY REMOVE THOSE RECOR DS. THE CLERK OF COURT IS DIRECTED TO TRANSMIT A COPY OF THIS ORDER TO THE UNITED STATES ATTORNEY'S OFFICE FOR THE EASTERN DISTRICT OF PENNSYLVANIA, THE FEDERAL BUREAU OF INVESTIGATION, AND THE UNITED STATES PROBATION OFFICE, ETC. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 7/13/16. 7/14/16 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
OTIS BROWN, JR.,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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CIVIL ACTION
NO. 15-mc-00274

O R D E R
AND NOW, this 13th day of July, 2016, upon consideration
of the Petition for Expungement (ECF No. 1) and Petitioner’s Motion
for a Nunc Pro Tunc Order (ECF No. 14), which are both unopposed by
the Government, and for the reasons stated in the accompanying
memorandum, it is hereby ORDERED as follows:
1.

The Petition for Expungement (ECF No. 1) and

Petitioner’s Motion for a Nunc Pro Tunc Order (ECF No. 14) are
GRANTED.
2.

Petitioner is GRANTED early unconditional discharge

from his probationary term, which ended on or about September 19,
1974, nunc pro tunc.
3.

Petitioner’s federal misdemeanor conviction for

violation of 18 U.S.C. § 641 on or about March 14, 1974, is
automatically SET ASIDE, i.e., EXPUNGED, nunc pro tunc, pursuant to
18 U.S.C. § 5021(b) (1970) (repealed 1984).

4.

A certificate setting aside, i.e., expunging,

Petitioner’s conviction is ISSUED nunc pro tunc, pursuant to 18
U.S.C. § 5021(b) (1970) (repealed 1984).
IT IS FURTHER ORDERED as follows:1
1.

All governmental or law enforcement agencies

currently in possession of any records in connection with
Petitioner’s arrest, booking, and conviction must physically remove
those records from the criminal files and place them in a separate
storage facility not to be opened other than in the course of a
bona fide criminal investigation by law enforcement authorities and
where necessary for such an investigation.
2.

The records associated with Petitioner’s arrest,

booking, and conviction are not to be used for any other purpose,
nor may they be disseminated to anyone, public or private, for any
other purpose.
3.

All governmental or law enforcement agencies and

their agents are required to respond in the negative to any and all
inquiries concerning Petitioner’s arrest, booking, and conviction.
4.

Petitioner may legally respond in the negative to

any and all questions concerning his former arrest, booking, and
conviction.

1

The scope of expungement provided in this Order is
modeled upon the Third Circuit’s directives in Doe v. Webster,
980 F.2d 876, 882-83 (3d Cir. 1992).
2

5.

The Clerk of Court is directed to transmit a copy of

this Order to the United States Attorney’s Office for the Eastern
District of Pennsylvania, the Federal Bureau of Investigation, and
the United States Probation Office.
AND IT IS SO ORDERED.

/s/ Eduardo C. Robreno
EDUARDO C. ROBRENO,
J.

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