If someone gets their felony expunged can they come back into the United States? 4 Answers as of November 19, 2013

My father was arrested in about 2004 to 2009, a sentence of 6 years for the possession of drugs and he was deported. He only had a green card at the time. He is in Tijuana. and he wants the felony from his record removed. If he has that removed is it possible for him to come back in to California?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
You cannot get a felony 'expunged'. It must be vacated or reduced.
Answer Applies to: California
Replied: 11/19/2013
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
He would need to qualify for a nonimmigrant visa and then get a 212(d)(3) waiver approved.
Answer Applies to: California
Replied: 11/12/2013
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
Your father's removal is for life because of drug conviction. Even if you are successful to withdraw his plea and get it dismissed, the consulate may use "reason to believe" provision and still consider him as a drug trafficker.
Answer Applies to: Nevada
Replied: 11/12/2013
Law Offices of Linda Rose Fessler | Linda Fessler
First of all, you cannot have a felony expunged. You can have it dropped to a misdemeanor. Second of all, they are not going to let a drug trafficker back in the country. Save your time and money.
Answer Applies to: California
Replied: 11/12/2013
Click to View More Answers: