UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

UNITED STATES OF AMERICA 

fiLED 

NOV 1 3 2012 

Clerk, u.s. D1stnct & uanKruptcy 

C1urts for the District of Columbia 

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Criminal No. 07-0029 (PLF) 

Y ASHIKA ARCHER, 

Defendant. 

MEMORANDUM OPINION AND ORDER 

This matter is before the Court on defendant Y ashika Archer's motion to 

expunge her criminal record. Upon consideration of Ms. Archer's motion, the relevant legal 

authorities, and the entire record in this case, the Court will deny Ms. Archer's motion. 

In February 2007, Ms. Archer was charged in a two-count information with 

Interstate Communications, in violation of 18 U.S.C. § 875(c) (Count One) and Threatening to 

Kidnap, Injure, or Physically Damage, in violation of 22 D.C. Code§ 407 (Count Two). 

Later that month, Ms. Archer pled guilty to Count Two, a misdemeanor; Count One was 

dismissed at the time of sentencing. The Court sentenced Ms. Archer to 180 days of 

incarceration, with all but 20 days suspended, to be served on weekends, with three years of 

supervised release incorporating mental health treatment. See Judgment [Dkt. No. 14]. In 

addition, Ms. Archer was also ordered to pay $2,207.00 in restitution. 

Ms. Archer now requests that the Court expunge her criminal record because 

this was her first conviction and the incidents giving rise to the case were "completely out of 

character" and "will unduly hinder her ability to continue to work and deprive her of future 
job opportunities." Mot. to Expunge [Dkt. No. 21] at 2. 1 Ms. Archer does not contest her 

guilt or any of the circumstances surrounding her arrest and conviction. 

The court may order expungement where it is required or authorized by statute, 

or "in exercise of [its] inherent equitable powers." Doe v. Webster, 606 F.2d 1226, 1231 

(D.C. Cir. 1979). See id. at 1231 n.8 ("The power to order expungement is a part of the 

general power of the federal courts to fashion appropriate remedies to protect important legal 

rights."). When the court exercises its inherent equitable power to order expungement, it 

requires "either a lack of probable cause coupled with specific circumstances, flagrant 

violations of the Constitution, or other unusual and extraordinary circumstances." Id. at 1230. 

"[A]bsent specific statutory authority" -and Ms. Archer cites no such 

authority- "it would be wholly inappropriate to order ... expungement in a case such as 

this where there has been not only a valid arrest but a valid conviction." Doe v. Webster, 606 

F.2 at 1231. Moreover, Ms. Archer has failed "to make the necessary showing for this Court 

to exercise its inherent, equitable expungement power." United States v. Wilson, Criminal 

No. 98-0558, 2008 WL 2446134, at *1 (D.D.C. June 17, 2008). Ms. Archer's only claim is 

that she "will be able to fulfill higher level functions at work without the impediments of a 

prior conviction." Mot. to Expunge at 2. While it is true that an arrest record can be a 

"substantial barrier" to employment, Menard v. United States, 498 F.2d 1017, 1024 (D.C. 

Cir. 1974), that bare generalization does not warrant the remedy of expungement of a record 

of arrest or conviction. See United States v. Wilson, 2008 WL 2446134, at *1-*2 ("[S]uch 

On July 10, 2012, Ms.Archer filed two nearly identical prose motions to expunge 

[Dkt. No. 17] and to seal [Dkt. No. 18] her criminal record. On Oct. 22, 2012, the Federal Public 

Defender filed a Motion to Expunge [Dkt. No. 21] on Ms. Archer's behalf. 

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harm is insufficient to outweigh the government's interest in maintaining a record of her arrest 

and conviction, as [she] does not argue that she was improperly arrested or convicted or that 

her present situation is unattributable to her own actions."); In re Reid, 569 F. Supp. 2d 220, 

222 (D.D.C. 2008) (holding that petitioner's inability to obtain employment is insufficient 

grounds for expungement). 

Accordingly, for the foregoing reasons, it is hereby 

ORDERED that Ms. Archer's motions to expunge and seal her criminal record 

[Dkt. Nos. 17, 18 and 21] are DENIED. 

SO ORDERED. 

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PAULL. FRIEDMAN 

United States District Judge