Prior Conviction Vacated and Felony Case Nolle Prossed and Client Avoids Deportation

The defendant is a non-citizen living lawfully in this country. In May of 2001 he received a continuance without a finding on felony drug charges in a Boston court. At that time this was considered a good result and there was no expectation that people would face deportation or immigration consequences with such a result. Federal Court interpretations of the laws changed and the continuance without a finding was viewed as a conviction for immigration purposes. This made our client deportable. Deportation would be devastating for him and his family. He has been living in New York with his wife and two children, working hard and paying taxes. Consequently, the defendant contacted Attorney Neyman to see if our office could remedy this problem. We were able to get the district attorney’s office to agree with our motion to vacate the conviction. The district attorney’s office further agreed to nolle pross the case. Our client has no record and will not be deported.

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