I am applying for deferred action for childhood arrivals and it states if I have ever been convicted of a significant misdemeanor or 3 or more misdemeanor offense. Now I have been arrested twice for marijuana both finger printed but both were ACD and sealed and dismissed I have dispotions for both. Am I still eligible for deferred action?
You might, however bring all the dismissal and adjudication documents to a practicing immigration attorney for a personal review to be sure.
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Any combination of criminal convictions and immigration law requires careful analysis by an immigration lawyer. Please retain counsel to get the best assessment of your case and DACA eligibility.
Meet with an immigration attorney ... there is no such thing as a 'sealed' criminal record. Also, ACD cases can still be viewed as convictions.
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Criminal Defense Attorney
This is really a question for a NY immigration attorney so you might want to repost it over there. Have your paperwork together and discuss this with an attorney with immigration specialty.
Criminal Defense Attorney
Speak to an immigration attorney!
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
Quite simply, an ACD is not a conviction of any kind.
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Generally ACD is not a conviction if you complied with the terms and it is sealed. An immigration lawyer like those at my firm can tell you how it will affect your chances at DACA or other immigration relief.
Hire an attorney today to protect your legal rights.
Jeffrey J. Estrella, Esq.
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