I was charged with DUI in August 2010, I went to Court in April, 2011 and plead guilty it was reduced to Wet Reckless. I was given 3 years probation. I went to Court again March, 2012. The exact wording of Minute Order,
The Court hereby permits the defendant to withdraw the previously entered plea of guilty. A plea of not guilty is hereby entered.
The Court dismisses the complaint in this case.
The Court terminates probation in this case.
According to California Law, case is dismissed and expunged. (pursuant Penal Code section 1203.4)
I am filling Immigration form there was following question
a) been convicted of, or are you currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceedings in any other country?
Yes or No
what should I select?
You should definitely consult with an immigration attorney on this matter, but I believe even expunged matters still need to be disclosed to immigration as they would see them anyway. If you would like to discuss this or any other criminal matter, please contact us at www.danielperlmanlaw.com.
Usually, after an expungement, you can answer no. But, one exception is government applications and forms. You must report it. Explain it was reduced and that you successfully completed probation and it was expunged. Also, mention that even though you were not convicted of a DUI or driving over the legal limit,'you found the class very useful and make sure you never drink and drive any more.
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