Call today to schedule your immigration consultation 954-385-0157 or email: BAlvarado@Blandon-Law.com.

Blandon Law Immigration

Tuesday, January 5, 2010

Does it Matter whether I Vacate my Conviction?


     Generally, a conviction that has been expunged, dismissed or sealed by Florida law remains a conviction for immigration purposes. A foreigner whose case was dismissed and expunged under the Federal First Offender Act (FFOA) may do better. Under the FFOA, a foreigner who is charged in federal court with first-time, simple possession of a controlled substance – for example, marijuana, cocaine – can have his or her case expunged including for immigration purposes. These foreigners can go on not only to become legal permanent residents, but also U.S. citizens.

    Minor nuances make a world of difference when a conviction has been vacated in state court cases. If the conviction was vacated for rehabilitative purposes it remains a conviction for immigration purposes. However, if it was vacated on account of a defect in the criminal proceedings (for example, procedural mistakes or constitutional violations) it will not count. In these cases, the help of an immigration professional is vital.

General Frequently Asked Questions

Call today to schedule your immigration consultation

954-385-0157 or email: blandonappts@aol.com