Skip to main content

What is the best option for me and how to avoid immigration consequences ?

Fremont, CA |

I got a PC 488 and asked by DA's office for a diversion progam to complete and get charge dismissed. If i complete diversion program and has charge dismissed, how will it effect future employment oppurtunities/immigration ( Green Card ) prospects considering i m a non-immigrant on H1B. Though charge is dismissed .

Will it show up on back ground check or records on social-security ?

Attorney Answers 5


True DIVERSION means no conviction. So no record or immigration consequences. Deferred Entry of Judgment (usually for drug cases) is not true diversion and you could have problems later. Make sure it is true diversion.

The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction and there are often numerous factors which can render advice or an opinion inapplicable. You should NOT make any decisions about the handling of a legal matter without first directly consulting with an attorney about the particulars of your case.

Mark as helpful

9 lawyers agree


This is a question best posed to your own attorney but if you got petty theft diversion (no guilty/no contest plea) then there's no immigration consequences.

For a Free Consultation Call: 408.313.5607

Mark as helpful

8 lawyers agree


There will be No immigration consequences but it will likely show up in most, of not all background checks.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Mark as helpful

1 found this helpful

11 lawyers agree


I agree with the other attorneys.
for Fairness & Your Freedom because sometimes good people find themselves in unpleasant situations
(800) 409-7010

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

Mark as helpful

6 lawyers agree


So long as you entered a no guilty plea and complete the diversion program as indicated there should be no immigration consequences. However, if you entered a guilty plea at any time or if you fail to follow through on your diversion this will be a conviction for immigration purposes.

Gabriela M. Lopez, Esq.

Mark as helpful

3 lawyers agree

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics