Cancellation of Removal

Aggie Hoffman

Can a person who has been ordered removed, file a 240a after their single felony conviction has been expunged? Is there a different process for aggravated felonies that have been expunged?

Impingement does not erase a criminal record under immigration law. To erase it for immigration purposes, it is necessary to file a coram nobis, which is done by returning to the criminal court of the conviction, reopening the criminal matter, and persuading the judge that the conviction was an error. However, there is not enough information in your question: Was the conviction a result of a plea or a jury verdict? What was the nature of the felony? It is best for you to consult wit an experienced immigration attorney so that the facts may be sorted out and an accurate assessment be made.

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