The case was dismissed 3 years ago, and now I'm petitioning to expuncted it from my records. I would like to know how I can add USCIS to the list of ageny that will be served for expuntion.
Expungement does not work in the immigration world. For purposes of immigration, your conviction would still exist.
In order to get it "erased" for purposes of immigration, you would need to have a special procedure, sometimes referred to as a writ of error coram nobis.
You should consult with an immigration attorney who has experienced dealing with criminal issues.
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Criminal Defense Attorney
If your case was dismissed and you didn't plea to a lesser charge like obstruction of a passage then your case is eligible for expungement in Texas. If it was dismissed then it's not a conviction for immigration purposes.
Austin DWI Lawyer
My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com
DUI / DWI Attorney
In order to have any governmental agency included in an order of expunction, that agency must be properly served with notice and citation at least 45 days BEFORE the hearing on the petition for expungment of criminal records. The USCIS is a branch of the United States FBI and is traditionally served by noticing the FBI Criininal Records Section and their in state agent, the Texas Department of Public Safety Criminal Records Section at DPS headquarters in Austin, Texas. Your lawyer should be able to help you obtain this address.
Now one of the great unspoken problems in expungment law is having a state court issure an order telling a federal government agency what to do. Under the full faith and credit provisions of the United States Constitution each state is supposed to give full effect to a state court order that is more specific than a generic, local law.
The problem is that federal agencies routininely view thmselves as supirior
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Expungements have no effect for immigration purposes.
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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