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I have a 12 yr old federal Felony for crossing an illegal alien over the US boarder. Is there any way to get it off my record?

Paso Robles, CA |

I was only 19 at the time. It's ruining my life! I can't get a good job. I feel so trapped. I know I can apply for a Presidential pardon but I know the chances of getting that are slim. Is there anything else I can do? Can I get the charge reduced to anything else but a felony? Are there any other options?

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Attorney answers 3


Federal Rule of Criminal Procedure 35(a) provides that a district court loses jurisdiction to alter or amend a final judgment 14 days after the judgment is filed (and can only do so in limited circumstances during that 14 day period), and the time limits to challenge to conviction by direct appeal or habeas corpus expired 14 days after the judgment was filed and 1 year after the judgment became final, respectively. Therefore, a reduction to a misdemeanor, even if the Government agreed to do so (which is another discussion), is not legally possible.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


Speak to a criminal lawyer. Motion to set aside conviction. Very hard but talk to a criminal lawyer.
Its not a immigration question.

Garmo Law Group, PLLC (Michigan) 248-626-0050. This advice is only general in nature and does not constitute an attorney/client relationship. Speak to an experienced attorney before making decisions.


I concur

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.