Got pulled over at a DUI checkpoint and was charged a misdemeanor for possession of less than 2grams of marijuana and a can of beer (alcohol) when I was 19. I did community service hours and attended classes for both charges and had my record “expunged” by the State of Maryland. If I apply for my DACA renewal will it be renewed or will I be deported?
You must still answer the question in the affirmative; Have you ever been arrested? Also even though you had the record expunged you must provide the USCIS will a complete certified copy of the record. For immigration purposes taking part in the community service and attending classes is an admission of guilt. In conclusion, your DACA may not be approved and you may be placed in removal proceedings. I suggest you consult with an experienced immigration attorney.
I have 33 years experience and practice immigration law only. My answer to your question is general in nature and not to be construed as legal advise or as establishing an attorney-client relationship. For additional discussion regarding your personal situation a scheduled consultation is required.
These charges may present a problem when you apply to renew your DACA. You should consult with an attorney who can review the criminal disposition (if it still exists) and determine how you should address these charges. Being expunged from the criminal record does not erase the charges from your FBI record and they are still considered for purposes of immigration. An attorney can better advise you after a complete and confidential consultation.
Immigration and Family Lawyer- Simple flat fee, contingency fee, and hourly arrangements available. This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. No communications with me on this forum shall be construed to form an attorney-client relationship.
Your drug/DUI convictions would mostly likely stand as "convictions" for immigration purposes despite the recent "expungement." You shouldn't file for DACA renewal until you go over your complete criminal record with an immigration attorney.
DISCLAIMER: The answer provided above is for informational purposes only, should not be relied upon as legal advice, and does not form an attorney-client relationship.
You will need to divulge the arrest and the convictions related to the possession of marijuana and the alcoholic drink when you apply to extend your DACA.
USCIS will assess your criminal history notwithstanding the fact that the matter was expunged in a Maryland court.
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