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Can i vacate or sponge for future DOJ /immigration hearing ?

Canoga Park, CA |

I was detained by DHS , i have a future court appearance with an immigration judge , i had a possession of concealable weapon and two guilty pleas for driving with no license, i served 4 days in county jail for the gun possession. part of the deal from the DA was that it was gonna be a misdemeanor but it affected my illegibility for deferred action , i am on bail currently and waiting my future court . Don't know what to do or how much a vacate or "spongement is. any help or advise would be taken seriously . thanks

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Attorney answers 5


Retain an experienced immigration attorney who also knows criminal law BEFORE you take any action in criminal court or immigration court.


The really simple answer is you need to hire an attorney asap.

Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


Expungement is for after conviction and after probation is done, but you haven't been convicted yet, as I understand it. Your best strategy isa strong defense. Maybe there was an illegal search? Consult a good lawyer for guidance. Most, like me, offer free consultations.

Sarkis Jacob Babachanian

Sarkis Jacob Babachanian


I noticed you are not too far from my office. I'm near where the 210 and 2 freeways meet in the Montrose area of Glendale.


There is nothing to vacate or expunge while your case is still pending. Be sure you have an attorney who understands immigration consequences for your criminal case.

Ordinary expungement procedures will NOT erase a conviction for the purposes of immigration.

Law Office of Mary K. Neal | || 773-681-1335 This answer is intended as public information about a legal topic. Answers posted here do not create an attorney-client relationship. For specific legal advice, please make an appointment to speak with an attorney in private.


I think what you are saying is that you were convicted of possession of a weapong but that you have a future immigration court date. Possession of a firearm is a bar to Deferred Action. Unclear what weapon you had. It is true that if you receive an expungement, then USCIS will not automatically deny the application based on your criminal history but weigh and balance the factors in the case. However, you generally need to have completed your probation to get an expungement. It is possible to ask the Superior Court to shorten probation and to give you an expungement, but as you can imagine that is probably an uphill battle in this type of case.

An expungement would just be the first piece of the puzzle. The other part would be to present very compelling evidence that you are not dangerous. That would be statements from many many people talking about who you are, and any other evidence relating to your character (i.e. volunteer work, etc). Good luck.

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