Skip to main content

Can I qualify for Deferred Action for Childhood arrivals with an expunged DUI ?

San Francisco, CA |

Other than this DUI I got 7 years ago, where I just went in and pleaded no contest and was convicted , I completed all the classes and fines etc that the court required. Since that time I have received my Associates and Bachelor Degree, has anyone heard or handled a case with an expunged and been granted Deferred Action ? Your guidance is much appreciated.

+ Read More

Attorney answers 4


You need to contact an immigration attorney. I think Deferred Action just became policy with ICE, so they wold be better equipped to answer your question.

Seth Weinstein, Esq.
Practicing throughout Southern California
(310) 707-7131

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.


A DUI is a disqualifier. Expungement which is actually a dismissal of a conviction in CA has no affect on immigration proceedings. Your record is not erased and you will have to answer questions about your conviction.

Can you qualify? You won't know if you don't apply and with the DUI I would hire an immigration attorney to help me.


I agree with my colleagues. This question is better suited for an immigration attorney. I've taken the liberty of editing the category. Good luck.



Thanks Nicholas, I hope someone can shed some light as to whether a case with an expunged DUI is able to be granted Deferred Action ?


With A DUI you will have a difficult time qualifying for deferred action. However, you can always try to explain the circumstances of the DUI to perhaps show how the circumstances that brought it about were not as bad as it may look (without the details). The expungment will not really help you. Remember though, there are other types of visas you may qualify for if DACA does not work for you.

LORIC, Immigration Solutions
(Se Habla Espanol)

Rodrigo Ivan Canido
Managing Attorney

3333 Bowers Ave, Suite 130
Santa Clara, CA 95054
Tel: 650-279-5933