Motions to Modify conviction(s) are brought for non-citizens whenever their prior criminal conviction(s) are classified by the U.S.C.I.S. as “aggravated felonies”. Such convictions may result in permanent removal (deportation) from the U.S. By modifying the sentence, for example, from one year to 364 days, we can change the classification from an aggravated felony to a simple felony which may not be used as a basis for deportation by the U.S.C.I.S. or by the immigration courts.

Motions to Expunge Prior Convictions are important to citizens and non-citizens alike. Motions to expunge criminal convictions can be granted only after successful completion of probation. When granted by the court, the conviction does not have to be disclosed when asked in employment applications: ..."Have you ever been convicted of any crimes?" You can answer "no" to this question. However, the conviction does remain on your criminal record and does not eliminate adverse immigration consequences. These motions are effective in establishing the requirements of good moral character and rehabilitation for those aliens petitioning for lawful permanent residency and applying for naturalization. Expungements differ from motions granted because a person was factually innocent of the charge(s) they were arrested for. [See discussion in paragraph No. 4 below.]