post-expungement following misdemeanor conviction Criminal Records, Expungement

tallyho1980 · Aug 5, 2005

hi

i was convicted (i pleaded no contest) on a misdemeanor conviction involving petty theft (shoplifting), and i did not have a lawyer present. i was given a year's probation and on completion of probation got my record expunged. i am currently a doctorate student in california and my visa has expired. in addition, my husband (we got married in this state) is the holder of an h-1b visa and is in the green card application process. i have a few questions:

1. is there any way i can have my records completely erased (including fingerprinting records) so that i can get security clearance?

2. if this is not possible, would my husband or i fail to get a green card based on my record?

3. would a re-entry visa likely not be granted if i was to leave the country?

4. we are also planning on applying for canadian residency and have to obtain fbi clearance... again, what are my chances of being denied?

thank you so much for your help.

NYClex · Aug 6, 2005

1. Normally no

2. Yes: criminal aliens who have committed a crime of moral turpitude, which theft is, are generally inadmissible. You probably would qualify for the one exception under the law, which has been discussed here pretty often. The husband's status is not affected by the crimes of the wife unless he has a derivative visa.

3. Same answer as 2.

4. I have no idea about Canadian immigration law but most countries exclude aliens with criminal records.

tallyho1980 · Aug 7, 2005

Thanks, and 1 more q....

Thanks NYClex. The crime was committed in a moment of stupidity for which I'll be paying for for the rest of my life....

I just want to make sure that the exception you mentioned in your reply was the fact that i had the case expunged? also, the case can't be dismissed now, can it?

thank you for your help despite your busy schedule...

NYClex · Aug 7, 2005

No, the expection I mentioned is the "one crime" exception: it is an exception to inadmissibility if the alien has only been convicted once for a crime of moral turpitude, that carries a maximum penalty of up to a year and he or she has been convicted to not more than 6 months in jail.

A case cannot be dismissed after it has been adjudicated and expungment usually does not work for immigration purposes.

utdhunk · Apr 29, 2006

tolly, i am in the same situation as yours currently. i am on f1 visa with a charge which might have more than 1 year of sentence. i want to knw how it has worked out in your situation. pls mail me at utdhunk@yahoo. thank you and good luck

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post-expungement following misdemeanor conviction Criminal Records, Expungement

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