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I was arrested for my first DUI in jan 2012,

Des Plaines, IL |

I was arrested for my first DUI in jan 2012,after 4 hours in prison ploice released me on bail, court has given me 100 hours community service, 1 victim impact panel,20 hours group therapy along with it 6 month after care, 10 hour DUI risk education along with penalty, i completed all of these.

I have 2 questions

1) Can my DUI record be expunged as Judge said to me in final hearing as "Not Guilty" means i am not convicted.
2) I am on H1b visa which got extended not i want to go to my country and get visa stamped in embassy, there what shloud i mention in ds-160 form about arrest.

Pls advice

Attorney Answers 3

Posted

The sentence you describe is sounds more like "supervision" than "not guilty" but I could only determine that by looking at the court file or computer system, or your sentencing order. If you did receive supervision, then your DUI cannot be expunged pursuant to Illinois law. I do not practice immigration law, but my understanding is that the Federal Government considers an Illinois "supervision" to be a "conviction" so if you confirm that you received supervision (and definitely if you received a conviction, conditional discharge, or probation) I would recommend disclosing the sentence.

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Harold L. Wallin

Harold L. Wallin

Posted

Let me just add that if you were found "not guilty" (which is unlikely given the sentence you received) you can file for an expungement, but an expungement is only binding on the state level and the sentence would have to be disclosed to any Federal agency.

Posted

If not guilty then no need to expunge as no conviction exists but if pled guilty you have a conviction. You need to disclose it on visa then. Talk to a lawyer in your state to get the record and advise you properly.

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Posted

I'd suggest using avvo to find a couple of attorneys to speak to directly - most should offer free consultations. It can be difficult to give a comprehensive and thorough response on here, and there may be other issues to discuss. Good luck.

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