Set-Aside of the Conviction for a Ten-Year-Old Felonious Assault
by Larry Margolis on April 3, 2014
Calhoun County (2013): Immigrant-Defendant was taken into custody while on his job due to an old conviction. A long time permanent resident, or green card holder, he was facing imminent and immediate deportation as an aggravated felon under immigration law for a ten-year-old Felonious Assault conviction. Within two weeks time, obtained set-aside of the conviction, nunc pro tunc, and a lesser conviction which did not impact Defendant’s immigration status was entered.