kennethhoff
Member
What is the name of your state? California
Someone I know was arrested and convicted of illegal alien smuggling back in 2000.
He served his time (18 months) in a federal prison.
Now in 2007, he wants to know if his record can be expunged.
For anyone experienced in this area of the law, can his record be expunged?
Thank you,
Ken
P.S. - I believe the applicable law used to prosecute was:
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER II--IMMIGRATION
Part VIII--General Penalty Provisions
Sec. 1324. Bringing in and harboring certain aliens
(a) Criminal penalties
(1)(A) Any person who--
(i) knowing that a person is an alien, brings to or attempts to
bring to the United States in any manner whatsoever such person at a
place other than a designated port of entry or place other than as
designated by the Commissioner, regardless of whether such alien has
received prior official authorization to come to, enter, or reside
in the United States and regardless of any future official action
which may be taken with respect to such alien;
and
shall be punished as provided in subparagraph (B).
(B) A person who violates subparagraph (A) shall, for each alien in
respect to whom such a violation occurs--
(i) in the case of a violation of subparagraph (A)(i) or (v)(I)
or in the case of a violation of subparagraph (A)(ii), (iii), or
(iv) in which the offense was done for the purpose of commercial
advantage or private financial gain, be fined under title 18,
imprisoned not more than 10 years, or both;
Someone I know was arrested and convicted of illegal alien smuggling back in 2000.
He served his time (18 months) in a federal prison.
Now in 2007, he wants to know if his record can be expunged.
For anyone experienced in this area of the law, can his record be expunged?
Thank you,
Ken
P.S. - I believe the applicable law used to prosecute was:
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER II--IMMIGRATION
Part VIII--General Penalty Provisions
Sec. 1324. Bringing in and harboring certain aliens
(a) Criminal penalties
(1)(A) Any person who--
(i) knowing that a person is an alien, brings to or attempts to
bring to the United States in any manner whatsoever such person at a
place other than a designated port of entry or place other than as
designated by the Commissioner, regardless of whether such alien has
received prior official authorization to come to, enter, or reside
in the United States and regardless of any future official action
which may be taken with respect to such alien;
and
shall be punished as provided in subparagraph (B).
(B) A person who violates subparagraph (A) shall, for each alien in
respect to whom such a violation occurs--
(i) in the case of a violation of subparagraph (A)(i) or (v)(I)
or in the case of a violation of subparagraph (A)(ii), (iii), or
(iv) in which the offense was done for the purpose of commercial
advantage or private financial gain, be fined under title 18,
imprisoned not more than 10 years, or both;