Clearing a Misdemeanor Class A

Asked over 1 year ago - 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

Attorney answers (2)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Tab Eugene Lawhorn

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . 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.... more

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