Can I get my felony expunged so that I can go back to immigration court? 3 Answers as of March 21, 2011

Is robbery an aggravated felony? I was sentence to a year. I did 2 months with work as trusty. Can I reopen the case and make it a misdemeanor and reopen the immigration court? I got deported by a judge on 01-24-2011, and deported on 02-15-2011.

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Probably not. A simple expungment would probably not resolve your immigration issues as you stand convicted of a serious felony. You might need to attack the conviction from another angle. Ask your immigration attorney what needs to be altered and then ask a criminal attorney if the change is possible.
Answer Applies to: California
Replied: 3/21/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Robbery is an aggravated felony and cannot be reduced to a misdemeanor. In addition I do not think an expungment will prevent that conviction from being used in immigration matters. I would contact a good immigration lawyer to see what he thinks.
Answer Applies to: California
Replied: 3/21/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time sentenced whether served or not, and only if all terms of sentencing and at least one year of probation are completed, and only if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

If successful expungement will do you any good in Immigration is a question you'll have to answer for yourself or seek info from an immigration specialist. Other than a timely formal appeal, I believe there is no mechanism to reopen an immigration case after deportation order.
Answer Applies to: California
Replied: 3/17/2011
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