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Expunge DUI from immigration

Tustin, CA |
Attorney answers 5


It may be possible to expunge the case, but doing so will not prevent it from being discovered for immigration purposes. However, the DUI will probably not prevent you from getting an H1 visa. To be sure, consult with an immigration attorney. Good luck.

Jasen Nielsen


DUIs are notoriously difficult to Expunge, primarily because they are driving related criminal offenses. I do not believe that a DUI disqualifies you from receiving an H1 Visa, but check with an immigration attorney.

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.


Expungement of any conviction has no immigration consequences. However, a DUI will not prevent you from obtaining H-1B status or a green card.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


You may be able to expunge the DUI bit it will be meaningless in the immigration context since you must disclose all convictions. The conviction should not prevent you from getting the H1B visa, though.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


Expunging a DUI conviction will not prevent immigration from finding out about the conviction. As part of the immigration process, you will need to submit to fingerprinting, which will be crossed checked against the government database to find all criminal convictions.

If it is a simple DUI, that should not affect your H1 visa. However, I recommend that you speak to an attorney to discuss the specific facts of your case, so that you can get a informed response.

Christy Han Mohan, A Law Corporation
Immigration Attorney
19800 MacArthur Blvd., Suite 1000, Irvine, CA 92612
Phone: 949.222.5900 | Fax: 888.488.6431

This is not legal advice, no guarantees/warranties have been made, and no attorney/client relationship has been formed.

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