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Drug offenses, waiver or pardon?

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?

Can hes get a felony record expunged?

Attorney Answers 3

Posted

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.

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Posted

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.

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2 comments

Eric Edward Rothstein

Eric Edward Rothstein

Posted

I don't think that is a viable option since the US Supreme Court held that the Padilla case is not retroactive.

John M. Cromwell

John M. Cromwell

Posted

Yes, Chaldez is a problem but it did not completely close the door on all pre-Padilla immigration-related ineffective assistance claims.

Posted

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 educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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