Vasquez

United States v. Vasquez

Good Law
74 F. Supp. 2d 964·99 Daily Journal DAR 11453·1999 WL 988544·1999 U.S. Dist. LEXIS 16783
United States District Court, Southern District of CaliforniaOctober 26, 199993CR0057-LAB; Doc. 38, 41, 42California2,752 words

Opinion

Opinion

Burns, J.

ORDER DENYING MOTION TO EXPUNGE CRIMINAL CONVICTION

This matter comes before the court on defendant Nancy Lisa Vasquez’s motion to expunge the record of her April 1993 conviction for simple possession of marijuana. After careful consideration of the facts and the law, the court concludes that there is no statutory scheme authorizing expungement in this case and that the defendant has failed to demonstrate the level of extraordinary hardship required for the Court to exercise its narrow equitable power to expunge criminal records. Consequently, the motion must be DENIED.

I. FACTS AND PROCEDURAL BACKGROUND

On January 10, 1993, Ms. Vasquez accompanied her boyfriend, Daniel Drieslein, to Mexico in a borrowed car. Ms. Vasquez was 20 years old at the time, living with her parents in Los Angeles and working to put herself through college. She had no prior criminal record. While en route to Tijuana, Drieslein told Ms. Vasquez that he intended to import marijuana on their drive back.

After remaining in Mexico for several hours, Ms. Vasquez drove the car back across the border with Drieslein riding as passenger. An inspector at the San Ysi-dro Port of Entry noticed that both Ms. Vasquez…

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