Doe v. United States, No. 15-1967 (2d Cir. 2016)Annotate this Case
Seven years after her term of probation ended, petitioner moved to have her conviction for health care fraud expunged because her conviction prevented her from getting or keeping a job as a home health aide. At issue is whether the district court has ancillary jurisdiction to expunge all records of a valid conviction. The district court relied on States v. Schnitzer and Kokkonen v. Guardian Life Insurance Company of Americas and held that it had ancillary jurisdiction to consider and grant petitioner's motion. However, the court held that Schnitzer only applies to arrest records after an order of dismissal. Therefore, the district court lacked jurisdiction to consider petitioner's motion to expunge records of a valid conviction. The court vacated and remanded with instructions.