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Clearing a Misdemeanor Class A

Dallas, TX |

My husband got in a fight with a friend in our house, about a year ago. ( they both hit each other) because we had asked him to leave and he wouldn't, and for that he was arrested and taken to jail. And after that the Dallas police pulled their racist b.s. and deported him "promising" that if he played guilty he would get out and just have to do probation for a yr. my husband asked what his charges and they never told him they had wrote that I (his wife) had said I was afraid of him because he beat me, which is a lie,which we now see it was only to deport him. Is there a way to take it off his record, because we want to apply to go study in Canada and work. But we don't know if that might affect him. Or we just want to get it clear he never beat me, plus the otherguy never even got charged

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Attorney answers 2


If he took a conviction, then he is stuck with it. There are a couple of extraordinary measures he can look into but they are both long shots and fairly expensive. You can hire an appellate attorney to review the case to see if he has grounds to file a writ of habeas corpus. The other option is a pardon from the governor. Both are unlikely but you probably have a better chance with a writ than a pardon. Call appellate attorneys in your area to discuss the facts of the case.

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around how much does the writ case cost. because its really important for me and my husband. At the moment we are in Mexico, but we dont plan on staying here in the long run, its far to dangerous, plus its almost impossible to continue both our studies. And work, with our children (because he had to put our daughter in a private school since she knows no spanish at all)

Macy Michelle Jaggers

Macy Michelle Jaggers


You would really have to get the fees from the appellate attorneys. It could easily be ten to twenty thousand. But they may be able to do an initial review for less. A great appellate attorney in the Dallas area is Michael Mowla. You can contact him at 972-283-2600. If there's a way to pull this off, he will find it. Best of luck.


I would add that if he has a conviction for a Class A assault, that immigration can treat this as a "felony" under the immigration code even though it is only a misdemeanor in the penal code. This could complicate your husbands ability to renew his papers or obtain a visa to another country. You should consult with a criminal lawyer who is also familiar with immigration issues before putting forth the effort of going to Canada if he is not going to be eligible to do so in the first place.

By providing this legal analysis of the issue presented, no attorney/client relationship is being formed. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney /client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.

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