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  1. #1
    Join Date
    May 2009
    Posts
    3

    Default Deportation for Selling Beer to a Minor

    Hello
    Can anybody give me an idea about this situation? My friend was caught selling beer to minor about a year ago. He is on student visa. They didn't arrest him on the scene instead ask him to post bond after couple of days and go to one of the place where he gave his fingerprint and they took his picture. Later he hired lawyer she drop the charge to attempt to sell the beer to minor. I think lawyer help to fall it into misdemeanor class C from misdemeanor class A. It happened in Texas.
    1. Can he seal his record? Is there still any way this record can be taken off?
    2. Do this conviction falls on crime of moral turpitude?
    3. He is trying to visit his family. When he comes back will he be denied entry?
    4. Lastly since he was not arrested at scene but he do need to pay bond. what should be his answer on was he ever arrested?

  2. #2
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Deportation for Selling Beer to a Minor

    You should read threads in the forum before posting, because these questions have been answered dozens upon dozens of times.

    You can only get an expunction in Texas following a deferred sentence for a Class C misdemeanor. For any other deferred sentence, you can petition to have your record sealed after a waiting period. For a conviction, you must first get a pardon before you qualify for expunction (and the odds of that are minimal.)

    But even with a pardon or expungement, the USCIS regards you as convicted unless the conviction is set aside on the basis of actual innocence.

    If it was a class c misdemeanor, you would have to identify the conviction charge before we could tell you if it is a CIMT, but even if it is it would fall under the petty offense exception and thus probably not interfere with his status. (But any time you commit crimes as a guest in another country you put your immigration status at potential risk.)

    He should answer all questions from immigration authorities honestly.

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