A federal judge in Washington, D.C., has denied a request to expunge the record of a New Mexico man who was acquitted of all charges stemming from the January 6, 2021, breach of the U.S. Capitol.
U.S. District Judge Trevor McFadden—appointed by President Donald Trump—ruled on Friday that 45-year-old Matthew Martin is not entitled to have his arrest and trial record wiped clean, despite having been fully acquitted following a bench trial three years ago.
Martin, who once described the events of Jan. 6 as a “magical day,” had sought to have his record expunged, arguing that it continues to unfairly impact his life and reputation. But in a nine-page opinion, Judge McFadden made clear that acquittal alone does not meet the legal threshold for expungement.
“Martin has not attempted to show a statutory or constitutional violation during his arrest, trial, or conviction,” McFadden wrote. “So this Court has no violation on which to rest the equitable remedy of expungement. His motion is denied.”
Martin, a former defense contractor, argued that his FBI background check now contains inaccurate and prejudicial information, especially in connection with what he called “the most highly publicized criminal prosecution in the country’s history.” He contended that retaining his record serves no legitimate purpose. However, Judge McFadden cited longstanding precedent that courts may only consider expungement in cases where the government violated a defendant’s rights—something Martin never alleged.
Prosecutors had charged Martin with multiple misdemeanors, including entering a restricted building and disorderly conduct. But at trial in April 2022, Judge McFadden found Martin not guilty, citing insufficient evidence that he knowingly broke the law. A key point in McFadden’s decision was that a Capitol Police officer did not stop Martin as he entered the building, making his belief that he had permission to enter “plausible.”
Martin’s conduct, McFadden said at the time, was “minimal and non-serious.” He noted that Martin did not participate in violence, push past officers, or wave his Trump flag once inside. Prosecutors acknowledged Martin was in the Capitol for about 10 minutes, filmed video on his phone, and stood near a group confronting officers before leaving.
Still, in text messages sent to his supervisor that evening, Martin appeared to boast about what had occurred. “Actually you can [overrun the Capitol], rather easily I might add,” he wrote. “Our numbers were freaking huge. They were not prepared.”
Despite the acquittal, Judge McFadden found no basis to erase Martin’s record, noting that Martin himself previously said he was not seeking expungement for employment reasons, even though he claimed he was fired shortly after being charged.
Martin, who has remained unapologetic, previously stated that he had no regrets about traveling to Washington for the pro-Trump rally and maintained that Jan. 6 was a “magical” experience.
He was the first Jan. 6 defendant to be fully acquitted of all charges related to the Capitol breach.
