Drug offenses, waiver or pardon?

Asked about 1 year ago - Yonkers, NY

In 1987 my husband was arrested for sold a undercover police officer a controlled substance..He had half ounce of paraphernalia. He got ninety days on jail. He was deported. Can he ask for a pardon?...He got married and two children and they are a united state citizens ..How hard is to vacate a criminal case that happened in 1987? with the new immigration reform any possibility?

Additional information

Can hes get a felony record expunged?

Attorney answers (3)

  1. John M. Cromwell

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . No. A pardon is not a realistic option. It is very hard to successfully vacate a criminal conviction. Depending on the facts, he may be able to file a motion to vacate his conviction on the grounds he was not advised of the immigration consequences of his guilty plea. You need to consult with both a criminal defense and an immigration attorney.

  2. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . He can't simply get his conviction vacated. He has to have legal grounds under CPL section 440.10. You can try the pardon route but that's a super long shot. Consult a criminal defense lawyer.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  3. Marco Caviglia

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . Assuming this happened in NY, you cannot expunge. A pardon is an extraordinary event, and you don't state anything about your husband which would make him a candidate. Vacating the crimnal charge would mean restoring the charge and then having him acquitted at trial or trying for a disposition that would allow him to remain in the US (i.e. re-enter). If that is possible, you will have to consult an immigration attorney.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
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