I am a green card holder n caught for first DUI recently,
Talking to DUI attorney he says we can make it a reckless driving conviction in court.
Does it make any difference when I apply for my citizenship?
Both are called misdemanuer.
Does USCIS officer will check my court / DMV record showing Im arrested for misdemanuer?
How long this reckless driving stays in my record n how late I can request expunge it?
You should contact an immigration attorney to discuss immigration consequences. As far as the expungement, you can file for early termination of probation, and if granted, file for 1203.4 dismissal. Basically, you can not get the plea withdrawn and dismissed while you are on probation.
Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.
See an immigration attorney about the plea consequences.
Check with your DUI attorney as to the "reckless" driving charge. If it is with alcohol involved, that might be a problem.
You will need to work with both
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
Neither is a crime of moral turpitude. A wet reckless or if you can get one a dry reckless will always be better but for immigration purposes there is not a significant difference. The bigger issue will be how long and if you are on probation.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
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