3 misdemeanors on rec.: 1 was 148 (a) PC in 1996, 2nd a DUI in 2008 & 3rd a 2nd DUI in 2009 that included a prob. violation.

Asked almost 2 years ago - Glendale, CA

I was charged with 148 (a) PC in 11/1996. I completed my required court order requirements and got off probation for that case. I procrastinated getting my US Citizenship because I was afraid of denial for that case in 1996. However, I got into some more trouble in 2008 and 2009 with two consecutive DUIs that included a probation violation. I am currently on probation and have completed 36 mos of the 48 imposed by the court. I want to apply for citizenship but want to make sure I'm off probation when I do so. I would like to request an expunction for my case in 1996, but I don't know if the fact that I still have 12 mos left in my probation will be a cause for the court to deny my petition. My green card is up for renew in 2014 and I would rather apply for citizenship instead.

Attorney answers (4)

  1. Brian Russell Michaels


    Contributor Level 16


    Lawyers agree


    Answered . Unfortunately your problem is a hybrid that requires both Immigration Counsel and a Criminal Defense Attorney. You will have to speak to an Immigration Attorney to find out how your misdemeanors will affect you. The good news is you are not in removal yet so that bodes well for you.

    You have nothing to lose by applying for an expungement on the 96 case now. It's old and the worst that would happen is it would be denied. You should do it and then focus your energy on your other two cases.

    With respect to the DUI's, you do actually have remedies. While it's difficult to get a court to terminate probation early on a 2nd DUI, it can be done. You have to have a very compelling reason and immigration is a compelling reason. If you can get early termination of probation, they you would technically be entitled to expunge all of your convictions now.

    I can't render an opinion as to whether getting all this relief will be a bullet proof solution to your immigration worries, but if you have completed the terms of your probation, meaning you owe the court nothing else other than the year of probation you can apply. Its a complex noticed motion requiring a hearing and you would want an attorney to do this for you. If we can be of assistance we are happy to give you a free consult.

    Brian Michaels

  2. Scott Colman Thomas

    Contributor Level 5


    Lawyers agree

    Answered . You need to talk to an immigration attorney about what your best course of action is, given the convictions you picked up.

    These answers are not intended nor shall it be deemed to be the rendering of legal advise, they are given based on... more
  3. Jasen Bodie Nielsen


    Contributor Level 19


    Lawyers agree

    Answered . I'm not sure what you're question is, but I'd certainly suggest that you consult with an immigration attorney. Good luck.

  4. Michael Douglas Shafer

    Contributor Level 20


    Lawyers agree

    Answered . Finish your probation, then apply.

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