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DUI and Immigration form question.

Fresno, CA |

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?

Attorney Answers 4

Posted

Expungements do NOT work for immigration purposes. Therefore the answer to the question is Yes.

You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, 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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

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.

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Posted

You need to answer YES for immigration purposes.

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Posted

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.

Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice.

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