PDA

View Full Version : Expungement & misdemeanor cases


Lopez29
06-15-2012, 11:54 PM
Individuals who have been convicted of any felony, a significant misdemeanor offense, three or more misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, or otherwise pose a threat to national security or public safety are not eligible to be considered for deferred action under the new process.



What is considered a significant misdemeanor? Pls give examples.

Class A
Class B
Class C

If you have a case expunged does that mean you are then eligible?

Oasis
06-16-2012, 12:52 AM
Yes and as long you didn't spend time in jail for more than one year.

westbound_07
06-16-2012, 01:42 AM
What about those who got misdemeanors before the age of 18? My husband has several for driving without a license and truancy from when he was a stupid 15-16 year old. The fines are paid off and the records are sealed but how would that affect this? We're willing to pay to have them expunged from his record if needed but we need to know..

THEal
06-16-2012, 02:56 AM
Yeah I need help here too. I been ticketed 3 times for driving without a license
and it seems that counts as a misdemeanor, I paid all my fines. Will i not be able to qualify?

dado123
06-16-2012, 03:00 AM
Hi all, this all great news, but my brother got a DUI back in the day, about 7yrs ago, I don't know how this will impact eligibility for deferred action, what do you guys think ?

What offenses qualify as a felony?
A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding
one year.
What offenses qualify as a “significant misdemeanor”?
A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one
year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including
domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of
alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of
an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful
possession of drugs.
How many non-significant misdemeanors constitute “multiple misdemeanors” making an
individual ineligible for an exercise of prosecutorial discretion under this new process?
An individual who is not convicted of a significant misdemeanor but is convicted of three or more other
misdemeanors not occurring on the same day and not arising out of the same act, omission, or scheme of
misconduct is not eligible to be considered for deferred action under this new process.
What qualifies as a national security or public safety threat?
If the background check or other information uncovered during the review of an individual’s request for
deferred action indicates that the individual’s presence in the United States threatens public safety or
national security, he or she will be ineligible for an exercise of prosecutorial discretion. Indicia that an
6
individual poses such a threat include, but are not limited to, gang membership, participation in criminal
activities, or participation in activities that threaten the United States.
How will ICE and USCIS handle cases involving individuals who do not satisfy the eligibility
criteria under this new process but may be eligible for an exercise of prosecutorial discretion under
the June 2011 Prosecutorial Discretion Memoranda?
If an individual has a final order of removal and USCIS determines that he or she does not satisfy the
eligibility criteria, then it will reject the individual’s request for deferred action. That individual may then
request an exercise of prosecutorial discretion under the ICE June 2011 Prosecutorial Discretion
Memoranda through any of the established channels at ICE, including through a request to the ICE Office
of the Public Advocate or to the local Field Office Director. USCIS will not consider requests for review
under the ICE June 2011 Prosecutorial Discretion Memoranda.
If an individual is currently in removal proceedings and ICE determines that he or she does not satisfy the
eligibility criteria for deferred action under this process, it will then consider whether the individual is
otherwise eligible for an exercise of prosecutorial discretion under its current practices for assessing
eligibility under the June 2011 Prosecutorial Discretion Memoranda.
Will there be supervisory review of decisions by ICE and USCIS under this

http://www.ice.gov/doclib/about/offices/ero/pdf/faq-deferred-action-process.pdf

Lopez29
06-17-2012, 08:44 AM
I'm still iffy I had a class b and currently under going pre trial to get it dismissed and then expunged

xangal
06-17-2012, 09:35 AM
I'm not completely sure but I've read that expunged cases still show up on Federal background checks.

dado123
06-18-2012, 11:41 AM
I'm not completely sure but I've read that expunged cases still show up on Federal background checks.

^^^ Yes they will, I went to a school where Federal Back Ground Checks were necessary for some individuals, and those parents whom paid a hefty lumpsum to have their child's record clean were surprised.

hooligan111988
06-18-2012, 11:44 AM
need help too!!!....i got an under-age drinking ticket three years ago..when to court, paid the fine.... what kind of misdemeanor is that??

freshh.
06-18-2012, 12:00 PM
Moved to The Lounge.

Lopez29
06-18-2012, 03:05 PM
yes, everything shows up on federal checks but technically my public record would be clean so ahhh.

I have contacted a lawyer and will keep everyone posted.

GNIGHT
06-18-2012, 07:00 PM
Even if you had your cases dismissed it WILL show up in your background checks.

txgirl
06-18-2012, 11:19 PM
People you can do an FBI background check on your own the forms are online and it only cost $18 bucks plus $12 to get a finger print card which you will need to send to the FBI. It's pretty much the same type of background check uscis will do

dado123
06-19-2012, 01:26 AM
I consulted a legal counsel , and have the following quoting:

QUOTE//
The document you cited also mentions "prosecutorial discretion" may be exercised if people do not meet the eligibility requirements. What that means is that the prosecutor can choose to look at the facts of your case and say "Even though he doesn't meet the requirements because of the DUI, he meets them in every other way and the DUI was a long time ago so therefore I am going to ignore it."

You definitely want to hire an immigration lawyer to help with this since you are disqualified initially and it is a matter of convincing the prosecutor that he should ignore the DUI. My guess is that he will be willing to do so since it was so long ago, but it will take an effort by your attorney.
UNQUOTE//

Any further feedback from anyone is welcomed, but I understand its a sticky case.

will_con
06-19-2012, 01:30 AM
I consulted a legal counsel , and have the following quoting:

QUOTE//
The document you cited also mentions "prosecutorial discretion" may be exercised if people do not meet the eligibility requirements. What that means is that the prosecutor can choose to look at the facts of your case and say "Even though he doesn't meet the requirements because of the DUI, he meets them in every other way and the DUI was a long time ago so therefore I am going to ignore it."

You definitely want to hire an immigration lawyer to help with this since you are disqualified initially and it is a matter of convincing the prosecutor that he should ignore the DUI. My guess is that he will be willing to do so since it was so long ago, but it will take an effort by your attorney.
UNQUOTE//

Any further feedback from anyone is welcomed, but I understand its a sticky case.

That's good to see. I've seen some people express their concerns about not having their GED at the moment and planning on doing so in the future

LocuraPeruana
08-01-2012, 06:41 PM
People you can do an FBI background check on your own the forms are online and it only cost $18 bucks plus $12 to get a finger print card which you will need to send to the FBI. It's pretty much the same type of background check uscis will do

Can you post a link to check that out, please.

vivace
08-01-2012, 08:48 PM
I asked this in another thread, but I haven't gotten an answer yet. Plus, this thread might also be helpful in answering my questions.

I was driving home late last night in Beverly Hills/Wilshire Blvd. area of Los Angeles, and I'm pretty sure I got caught on camera for running a red light. My front tires crossed the line just as the light turned red, but I was not driving over the speed limit. I had to say that in case any of you thought I was driving recklessly.

This, unfortunately is not the first ticket I have gotten. I have gotten three parking tickets in the last year (all paid off immediately). And now this.

Anyway, does this count as a misdemeanor--and a significant one at that--and will it show up on my background check? Will the fact that I've been driving with just an international driver's license (but with updated insurance) make me ineligible?

Ianus
08-01-2012, 09:59 PM
Speeding tickets are but infractions.I don't think they can be categorized as misdemeanors so you should be good.

Feenmi
08-01-2012, 10:19 PM
Speeding tickets are but infractions.I don't think they can be categorized as misdemeanors so you should be good.

Ok Mr smartpants... Answer me this(to the best of your ability of course)...

If one action is considered a misdemeanor in one state but an infraction in another, would USCIS judge you uniformly across the board (if it's a misdemeanor in one state, would they consider it a misdemeanor for all states. ) ? Or depending on your state and the charge you actually got?

JohannBernoulli1667
08-01-2012, 10:49 PM
Ok Mr smartpants... Answer me this(to the best of your ability of course)...

If one action is considered a misdemeanor in one state but an infraction in another, would USCIS judge you uniformly across the board (if it's a misdemeanor in one state, would they consider it a misdemeanor for all states. ) ? Or depending on your state and the charge you actually got?

They will judge according to where you live. According to ILRC.

Jorge510
08-02-2012, 12:12 AM
Hi just found these great forums, lots of great info. I meet all the other requirements. But I got stopped in 2007 and was arrested and released under 24 hours. Went to court and was charged with accessory after the fact. Check with the court and it says it's a misdemeanor but I don't know if that's a serious misdemeanor ? Can any one help me, also 2 tickets for driving with out a license. All paid on time no court. Do I still qualify?

Oskieo
08-02-2012, 04:39 PM
yo for those of u in cali that have driving without a licensce tickets u gotta check if the judge made them infractions or misdeameanors.......pleasae stop listening to others and taking their word for it when they say they are infractions.....go to ur local court website and they have all ur arrest onlione its simple and easy and u can print it all out please check for urself donty get screwed later on!!!

sanchez'12
08-02-2012, 04:39 PM
What offenses qualify as a “significant misdemeanor”?
A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs.

http://www.dhs.gov/files/enforcement/deferred-action-process-for-young-people-who-are-low-enforcement-priorities.shtm

hope this helps,
it doesnt mention anythin about traffic tickets

Oskieo
08-02-2012, 04:42 PM
What offenses qualify as a “significant misdemeanor”?
A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs.

http://www.dhs.gov/files/enforcement/deferred-action-process-for-young-people-who-are-low-enforcement-priorities.shtm

hope this helps,
it doesnt mention anythin about traffic tickets



u also wont qualify if u have 3 or more misdeameanors meaning 3 or more driving without licensce if they are charged as misdeameanors

sanchez'12
08-02-2012, 04:46 PM
u also wont qualify if u have 3 or more misdeameanors meaning 3 or more driving without licensce if they are charged as misdeameanors



How many non-significant misdemeanors constitute “multiple misdemeanors” making an individual ineligible for an exercise of prosecutorial discretion under this new process?
An individual who is not convicted of a significant misdemeanor but is convicted of three or more other misdemeanors not occurring on the same day and not arising out of the same act, omission, or scheme of misconduct is not eligible to be considered for deferred action under this new process.

http://www.dhs.gov/files/enforcement...riorities.shtm

yea your right.

Oskieo
08-02-2012, 04:50 PM
How many non-significant misdemeanors constitute “multiple misdemeanors” making an individual ineligible for an exercise of prosecutorial discretion under this new process?
An individual who is not convicted of a significant misdemeanor but is convicted of three or more other misdemeanors not occurring on the same day and not arising out of the same act, omission, or scheme of misconduct is not eligible to be considered for deferred action under this new process.

http://www.dhs.gov/files/enforcement...riorities.shtm

yea your right.

thats why im saying u guys need to go to ur local court website and look at what they charged u with....many people think u just pay the ticket and its done....hell no its screws with u....sooooo please mofos go look urself up!!!

sanchez'12
08-02-2012, 04:54 PM
ima have to do that right now since i also have a truency ticket from 6th grade,
and i dont know if it was charged as a felony or misdemeanor

vivace
08-02-2012, 04:57 PM
Only if you're CHARGED or ARRESTED for driving without a license, right? I've been driving without a state license for more than a year, but have never gotten caught. So on that subject alone, I should be ok, right?

sanchez'12
08-02-2012, 05:13 PM
Only if you're CHARGED or ARRESTED for driving without a license, right? I've been driving without a state license for more than a year, but have never gotten caught. So on that subject alone, I should be ok, right?

unless you have been charged
or convicted of it you should be ok.

Blood_rush_89
08-04-2012, 02:15 PM
I'm kind of freaking out about this too. In 2008, my friends came to NYC and we were planing on taking the subway. I doubled up (paying for one fare while two people go through the turn-slide) my friend to avoid paying another $2.50 (since her metrocard malfunctioned). So right when we got through the turnslide, the cops caught us on camera and hit us with a $60 fine each. Of course, I figured it was a small summon because the cops just told me to pay the fine and it'd only turn into a huge case if i didn't pay. He gave us our tickets and we were done in like 10 minutes so I assumed that it was just a small ticket considering it was only worth $2.50 fare.

So recently, my friend mentioned to me how avoiding that MTA fare many years ago could potentially hurt my chances at the deferred action and originally I just kind of ignored it because I thought it was such a minor offense. However, I was still paranoid so I decided to look into it more. I posted a question on avvo (website of lawyers & docs) and asked them the severity of it and a lawyer responded saying that avoiding an MTA fare is considered a Theft of Services, PL 165.15 which is a class A misdemeanor. So i'm really really worried about my chances of getting approved now. That was my first and only crime I've ever committed. What do you guys think of my chances for deferred action? Is it worth it to still apply?

xangal
08-04-2012, 02:26 PM
I'm kind of freaking out about this too. In 2008, my friends came to NYC and we were planing on taking the subway. I doubled up (paying for one fare while two people go through the turn-slide) my friend to avoid paying another $2.50 (since her metrocard malfunctioned). So right when we got through the turnslide, the cops caught us on camera and hit us with a $60 fine each. Of course, I figured it was a small summon because the cops just told me to pay the fine and it'd only turn into a huge case if i didn't pay. He gave us our tickets and we were done in like 10 minutes so I assumed that it was just a small ticket considering it was only worth $2.50 fare.

So recently, my friend mentioned to me how avoiding that MTA fare many years ago could potentially hurt my chances at the deferred action and originally I just kind of ignored it because I thought it was such a minor offense. However, I was still paranoid so I decided to look into it more. I posted a question on avvo (website of lawyers & docs) and asked them the severity of it and a lawyer responded saying that avoiding an MTA fare is considered a Theft of Services, PL 165.15 which is a class A misdemeanor. So i'm really really worried about my chances of getting approved now. That was my first and only crime I've ever committed. What do you guys think of my chances for deferred action? Is it worth it to still apply?

Really think about it, weigh your options and get a second opinion from an Immigration lawyer if you can afford it (consultations are usually free). I'm in a difficult situation myself that I didn't have a choice in but I'm not getting any younger and have decided to roll the dice and will still apply. Hopefully everything works out if not at least I can go back to my country of origin and finally start a life there.

Dres2011
08-04-2012, 02:35 PM
hjyuhjvjh

Elmexicano
08-04-2012, 02:40 PM
I'm kind of freaking out about this too. In 2008, my friends came to NYC and we were planing on taking the subway. I doubled up (paying for one fare while two people go through the turn-slide) my friend to avoid paying another $2.50 (since her metrocard malfunctioned). So right when we got through the turnslide, the cops caught us on camera and hit us with a $60 fine each. Of course, I figured it was a small summon because the cops just told me to pay the fine and it'd only turn into a huge case if i didn't pay. He gave us our tickets and we were done in like 10 minutes so I assumed that it was just a small ticket considering it was only worth $2.50 fare.

So recently, my friend mentioned to me how avoiding that MTA fare many years ago could potentially hurt my chances at the deferred action and originally I just kind of ignored it because I thought it was such a minor offense. However, I was still paranoid so I decided to look into it more. I posted a question on avvo (website of lawyers & docs) and asked them the severity of it and a lawyer responded saying that avoiding an MTA fare is considered a Theft of Services, PL 165.15 which is a class A misdemeanor. So i'm really really worried about my chances of getting approved now. That was my first and only crime I've ever committed. What do you guys think of my chances for deferred action? Is it worth it to still apply?

Theft is not a disqualifying misdemeanor. Do a background check to make sure. Talk to a lawyer if you're paranoid.

G-money
08-07-2012, 01:09 AM
unless you have been charged
or convicted of it you should be ok.


I think you meant only Convicted.


You are presumed innocent until proven guilty, a charge is only an accusation until you are found Guilty then you are convicted. If the case is dismissed or you are found NOT guilty you are aquitted of the charge and as long as you provide supporting documentation you should be in the clear

JohannBernoulli1667
08-07-2012, 01:16 AM
I'm kind of freaking out about this too. In 2008, my friends came to NYC and we were planing on taking the subway. I doubled up (paying for one fare while two people go through the turn-slide) my friend to avoid paying another $2.50 (since her metrocard malfunctioned). So right when we got through the turnslide, the cops caught us on camera and hit us with a $60 fine each. Of course, I figured it was a small summon because the cops just told me to pay the fine and it'd only turn into a huge case if i didn't pay. He gave us our tickets and we were done in like 10 minutes so I assumed that it was just a small ticket considering it was only worth $2.50 fare.

So recently, my friend mentioned to me how avoiding that MTA fare many years ago could potentially hurt my chances at the deferred action and originally I just kind of ignored it because I thought it was such a minor offense. However, I was still paranoid so I decided to look into it more. I posted a question on avvo (website of lawyers & docs) and asked them the severity of it and a lawyer responded saying that avoiding an MTA fare is considered a Theft of Services, PL 165.15 which is a class A misdemeanor. So i'm really really worried about my chances of getting approved now. That was my first and only crime I've ever committed. What do you guys think of my chances for deferred action? Is it worth it to still apply?

Dude, relax!!!


Read the guide lines...


If I have a conviction for a felony offense, a significant misdemeanor offense, or multiple misdemeanors, can I receive an exercise of prosecutorial discretion under this new process?
No. If you have been convicted of a felony offense, a significant misdemeanor offense, or three or more other misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, you will not be considered for deferred action under the new process except where DHS determines there are exceptional circumstances.

What offenses qualify as a felony?
A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.


What offenses constitute a significant misdemeanor?
For the purposes of this process, a significant misdemeanor is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and that meets the following criteria:

Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or,

If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.
The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by U.S. Immigration and Customs Enforcement (ICE). Notwithstanding the above, the decision whether to defer action in a particular case is an individualized, discretionary one that is made taking into account the totality of the circumstances. Therefore, the absence of the criminal history outlined above, or its presence, is not necessarily determinative, but is a factor to be considered in the unreviewable exercise of discretion. DHS retains the discretion to determine that an individual does not warrant deferred action on the basis of a single criminal offense for which the individual was sentenced to time in custody of 90 days or less.

What offenses constitute a non-significant misdemeanor?
For purposes of this process, a non-significant misdemeanor is any misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and that meets the following criteria:

Is not an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; and



Is one for which the individual was sentenced to time in custody of 90 days or less.
The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by ICE. Notwithstanding the above, the decision whether to defer action in a particular case is an individualized, discretionary one that is made taking into account the totality of the circumstances. Therefore, the absence of the criminal history outlined above, or its presence, is not necessarily determinative, but is a factor to be considered in the unreviewable exercise of discretion.

If I have a minor traffic offense, such as driving without a license, will it be considered a non-significant misdemeanor that counts towards the “three or more non-significant misdemeanors” making me unable to receive consideration for an exercise of prosecutorial discretion under this new process?
A minor traffic offense will not be considered a misdemeanor for purposes of this process. However, your entire offense history can be considered along with other facts to determine whether, under the totality of the circumstances, you warrant an exercise of prosecutorial discretion.

It is important to emphasize that driving under the influence is a significant misdemeanor regardless of the sentence imposed.

Will offenses criminalized as felonies or misdemeanors by state immigration laws be considered felonies or misdemeanors for purpose of this process?
No. Immigration-related offenses characterized as felonies or misdemeanors by state immigration laws will not be treated as disqualifying felonies or misdemeanors for the purpose of considering a request for consideration of deferred action pursuant to this process.

Will DHS consider my expunged or juvenile conviction as an offense making me unable to receive an exercise of prosecutorial discretion?
Expunged convictions and juvenile convictions will not automatically disqualify you. Your request will be assessed on a case-by-case basis to determine whether, under the particular circumstances, a favorable exercise of prosecutorial discretion is warranted. If you were a juvenile, but tried and convicted as an adult, you will be treated as an adult for purposes of the deferred action for childhood arrivals process.

beachgirlx19
08-07-2012, 07:47 AM
Hi all, this all great news, but my brother got a DUI back in the day, about 7yrs ago, I don't know how this will impact eligibility for deferred action, what do you guys think ?

What offenses qualify as a felony?
A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding
one year.
What offenses qualify as a “significant misdemeanor”?
A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one
year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including
domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of
alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of
an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful
possession of drugs.
How many non-significant misdemeanors constitute “multiple misdemeanors” making an
individual ineligible for an exercise of prosecutorial discretion under this new process?
An individual who is not convicted of a significant misdemeanor but is convicted of three or more other
misdemeanors not occurring on the same day and not arising out of the same act, omission, or scheme of
misconduct is not eligible to be considered for deferred action under this new process.
What qualifies as a national security or public safety threat?
If the background check or other information uncovered during the review of an individual’s request for
deferred action indicates that the individual’s presence in the United States threatens public safety or
national security, he or she will be ineligible for an exercise of prosecutorial discretion. Indicia that an
6
individual poses such a threat include, but are not limited to, gang membership, participation in criminal
activities, or participation in activities that threaten the United States.
How will ICE and USCIS handle cases involving individuals who do not satisfy the eligibility
criteria under this new process but may be eligible for an exercise of prosecutorial discretion under
the June 2011 Prosecutorial Discretion Memoranda?
If an individual has a final order of removal and USCIS determines that he or she does not satisfy the
eligibility criteria, then it will reject the individual’s request for deferred action. That individual may then
request an exercise of prosecutorial discretion under the ICE June 2011 Prosecutorial Discretion
Memoranda through any of the established channels at ICE, including through a request to the ICE Office
of the Public Advocate or to the local Field Office Director. USCIS will not consider requests for review
under the ICE June 2011 Prosecutorial Discretion Memoranda.
If an individual is currently in removal proceedings and ICE determines that he or she does not satisfy the
eligibility criteria for deferred action under this process, it will then consider whether the individual is
otherwise eligible for an exercise of prosecutorial discretion under its current practices for assessing
eligibility under the June 2011 Prosecutorial Discretion Memoranda.
Will there be supervisory review of decisions by ICE and USCIS under this

http://www.ice.gov/doclib/about/offices/ero/pdf/faq-deferred-action-process.pdf

When I was 17, I went to court driving no license. I paid the fine and I couldn't drive for 6 months. I was driving yesterday. I went to the beach with my friends using my uncle's car. I was at a red light and I let go of my brake and my car tapped the car in front of me, but not hard, no property damage and the lady was fine. The lady pulled over to the side of the road but I got scared and panicked that I don't have my license, so I left the scene. She called the cops, and they caught me the next town. I have no idea why I left I just got so scared. Now I have to go to court 2 times, in 2 different courts.
The first time includes: no license, leaving scene, failing to report, falling too close.
second time: unlicensed driver. Will this count as a misdemeanor? Since I have to go to court twice, is it 2 different actions or counts as one because it resulted in one day? it just happened in 2 different towns.

will_con
08-07-2012, 10:09 AM
When I was 17, I went to court driving no license. I paid the fine and I couldn't drive for 6 months. I was driving yesterday. I went to the beach with my friends using my uncle's car. I was at a red light and I let go of my brake and my car tapped the car in front of me, but not hard, no property damage and the lady was fine. The lady pulled over to the side of the road but I got scared and panicked that I don't have my license, so I left the scene. She called the cops, and they caught me the next town. I have no idea why I left I just got so scared. Now I have to go to court 2 times, in 2 different courts.
The first time includes: no license, leaving scene, failing to report, falling too close.
second time: unlicensed driver. Will this count as a misdemeanor? Since I have to go to court twice, is it 2 different actions or counts as one because it resulted in one day? it just happened in 2 different towns.

Wow I would really consult a lawyer. This is a hit and run.

My friend accidentally hit someone but they made a secret deal and moved on their way so that cops didn't have to get in on it.

Dark Apotheosis
08-07-2012, 02:58 PM
When I was 17, I went to court driving no license. I paid the fine and I couldn't drive for 6 months. I was driving yesterday. I went to the beach with my friends using my uncle's car. I was at a red light and I let go of my brake and my car tapped the car in front of me, but not hard, no property damage and the lady was fine. The lady pulled over to the side of the road but I got scared and panicked that I don't have my license, so I left the scene. She called the cops, and they caught me the next town. I have no idea why I left I just got so scared. Now I have to go to court 2 times, in 2 different courts.
The first time includes: no license, leaving scene, failing to report, falling too close.
second time: unlicensed driver. Will this count as a misdemeanor? Since I have to go to court twice, is it 2 different actions or counts as one because it resulted in one day? it just happened in 2 different towns.

Especially with a pending case like this, you need a lawyer ASAP. A good lawyer can review your case, and quite often get the charges dropped or reduced.

DiegoG
08-17-2012, 03:33 PM
I also need help. I went to court for "Theft under $100". I just had to do 48 hours of community service. Just a week ago they sent me my "General Waiver and Release" and "Petition for Expungement of Records" Form. But I am not sure what I should do.

ScarredFellow
08-17-2012, 03:51 PM
Shoplifted when I was 13, handcuffed was sent to some police station, they never took any pictures or fingerprints of me, just detained me there till my parents came with my documents or whatever. A month later I had to attend some local hearing (no court or anything). They just made me join some club in highschool, to participate in some after school activities. End of the school year they dismissed my case.

In the application do I have to say that I shoplifted, or do I just leave it blank, or are there other solutions.

Nothing legal wise has happened to me since, but that was also the day I found out I was an illigal alien.

Overstayer.

sabinastweety
08-21-2012, 02:41 PM
Hello I have a question and need so help please...back in 2010 I was charged with 3 diferent charges 2 were dismissed and 1 I plea guilty which is a misdemeanor C for operating a vehicle with concentration of alcohol I didn't go to jail got a term of 60 days, suspended 60 days n 1 year probation I'm done with all that but my question is would that affect me under the defferec action? And if it does can I get it expunged or it wouldn't make a difference? Thank you!

jrpallares
08-21-2012, 03:24 PM
Yes it would affect you. This has been stated clearly in the guidelines. I would exercise caution in applying and would even fine a lawyer to assist you if you decide to apply.

MearDreamer
08-21-2012, 08:15 PM
Hi

When I was 12, some kids and I broke into a house which would qualified as a significant misdemeanor..I never went to court court instead some hearing about the arbitration and was not arrested. Should I look into a lawyer and how can I get my background check from the FBI with out a SSN?

Elmexicano
08-21-2012, 08:42 PM
Hi

When I was 12, some kids and I broke into a house which would qualified as a significant misdemeanor..I never went to court court instead some hearing about the arbitration and was not arrested. Should I look into a lawyer and how can I get my background check from the FBI with out a SSN?

Find exactly was you were charged with. Burglary is a disqualify misdemeanor but committted at 12 is probably nothing. Talk to a lawyer. Remember juvenile convictions do not automatically disqualify you.

caliman05
08-21-2012, 08:54 PM
What about an expunged 1st-offense DUI (got it back in early 2010)? It's the only blemish I have on my record; I am thinking whether I should go through the lengthy process of having it expunged before sending out my application. I completed all the requirements of my probation, and haven't gotten so much as a parking ticket ever since. Or, just get a lawyer and apply with the DUI. I mean, would an expunged DUI really make that much of a difference? Anybody can have it expunged (and early release from probation), as long as you haven't violated the terms of your probation, and I am quite sure USCIS knows that as well and will take that into consideration. I think so anyways, but could also be completely wrong lol.

Elmexicano
08-21-2012, 08:59 PM
what about an expunged 1st-offense dui (got it back in early 2010)? It's the only blemish i have on my record; i am thinking whether i should go through the lengthy process of having it expunged before sending out my application. I completed all the requirements of my probation, and haven't gotten so much as a parking ticket ever since. Or, just get a lawyer and apply with the dui. I mean, would an expunged dui really make that much of a difference? Anybody can have it expunged (and early release from probation), as long as you haven't violated the terms of your probation, and i am quite sure uscis knows that as well and will take that into consideration. I think so anyways, but could also be completely wrong lol.

talk to a lawyer. dui disqualifies you. do not apply

MearDreamer
08-21-2012, 09:24 PM
Find exactly was you were charged with. Burglary is a disqualify misdemeanor but committted at 12 is probably nothing. Talk to a lawyer. Remember juvenile convictions do not automatically disqualify you.

This is what puzzleing me. I have the court papers but it just says

"the Youth above has committed a violation of the law if done by an adult would be crime"

BURGLARY FIRST DEGREE


Where should I go the exact hearing?

Elmexicano
08-21-2012, 09:29 PM
This is what puzzleing me. I have the court papers but it just says

"the Youth above has committed a violation of the law if done by an adult would be crime"

BURGLARY FIRST DEGREE


Where should I go the exact hearing?

Talk to a lawyer. The only good thing you have going for you is that it happened at the age of 12. Juvenile convictions do not automatically disqualify you.Good luck man.

sabinastweety
08-21-2012, 09:58 PM
Yes it would affect you. This has been stated clearly in the guidelines. I would exercise caution in applying and would even fine a lawyer to assist you if you decide to apply.


Ok thank you for your advice!

vick0148
08-22-2012, 06:53 PM
hi guys i got arrested when i was 18, 2 seperate times one for pety theft which i wasnt involved so the case got discharge and another one for drunk in public which also got discharge.. i got the disposition print outs for both cases since i got booked for both and finger prints were taken but i have no misdemeanor.. the question i have a infraction for disturbing the peace should i send records of that? or i dont need to since is not a misdemeanor ?

Elmexicano
08-22-2012, 07:00 PM
hi guys i got arrested when i was 18, 2 seperate times one for pety theft which i wasnt involved so the case got discharge and another one for drunk in public which also got discharge.. i got the disposition print outs for both cases since i got booked for both and finger prints were taken but i have no misdemeanor.. the question i have a infraction for disturbing the peace should i send records of that? or i dont need to since is not a misdemeanor ?

Yes, send everything especially if fingerprints were taken.

vick0148
08-22-2012, 07:07 PM
i wasnt arrested for the infraction or gave fingerprints it was just a ticket.. do we have to send information on infractions? such as disturbing the peace i was for peeing in the bushes and is n infraction .... but i am sending the disposition for the 2 discharge misdemeanor

Elmexicano
08-22-2012, 07:13 PM
i wasnt arrested for the infraction or gave fingerprints it was just a ticket.. do we have to send information on infractions? such as disturbing the peace i was for peeing in the bushes and is n infraction .... but i am sending the disposition for the 2 discharge misdemeanor

Send the court file for every arrest just to be on the safe side.

david87
08-23-2012, 02:03 PM
You have to do some research yourself on what crimes will disqualify you because there are some lawyers that will make you apply even though you don't qualify. Make sure you have a reputable lawyer and get a copy of every arrest/ticket you have.

JPerezR
08-23-2012, 03:10 PM
What about an expunged 1st-offense DUI (got it back in early 2010)? It's the only blemish I have on my record; I am thinking whether I should go through the lengthy process of having it expunged before sending out my application. I completed all the requirements of my probation, and haven't gotten so much as a parking ticket ever since. Or, just get a lawyer and apply with the DUI. I mean, would an expunged DUI really make that much of a difference? Anybody can have it expunged (and early release from probation), as long as you haven't violated the terms of your probation, and I am quite sure USCIS knows that as well and will take that into consideration. I think so anyways, but could also be completely wrong lol.

Hire a lawyer and see if you can have the conviction vacated. Vacating a conviction will get a do-over in court. An attorney can probably negotiate a lesser charge that will once again make you eligible for DACA. Also, an expungement is not a long process. You can do it your self pretty easily for a couple hundred in court fees. Takes 1.5-3 months depending on how busy your county court is. But it is still unknown whether USCIS will consider them.

I have a DUI from 2009. Already in the process of expunging it. My Immigration lawyer is looking into getting the conviction vacated instead of expunged. Hopefully that happens because I have a good chance of having the charges completely dropped if I get a do-over in court(I wasnt driving, Just stupid and no counsel).

TALK TO A LAWYER. My lawyer recommended that I still apply for DACA even if the DUI doesn't get vacated. But we are waiting it out a bit to see if similar cases get approved or if my DUI gets vacated.

Qui-Gon Jinn
08-30-2012, 06:40 AM
How about my juvi records got sealed can I respond by saying no never been arrested?

MearDreamer
08-31-2012, 07:48 PM
How about my juvi records got sealed can I respond by saying no never been arrested?

I suggest you get a FBI and state/local background check as they will just as "Juvenile Delinquency" and they might sent you back your package asking you to submit information regarding that. However, if your background checks DO NOT state anything, then no reason to answer you have been arrested or anything BUT do talk to a lawyer!

Dreamer0523
08-31-2012, 11:18 PM
I suggest you get a FBI and state/local background check as they will just as "Juvenile Delinquency" and they might sent you back your package asking you to submit information regarding that. However, if your background checks DO NOT state anything, then no reason to answer you have been arrested or anything BUT do talk to a lawyer!

Getting arrested for no valid drivers license doesn't count right? lol

Neraks
10-23-2012, 12:41 PM
Hi i have apply for deferred action about a month ago and it's still in process but just a week ago I got arrested for smoking marijuana i have court in two months would this affect the process?

jrpallares
10-23-2012, 12:59 PM
Hi i have apply for deferred action about a month ago and it's still in process but just a week ago I got arrested for smoking marijuana i have court in two months would this affect the process?

the hell is wrong with you? why would you do that? esp when it's in process.

it might affect it.

Lulu_derek1
10-23-2012, 02:25 PM
Hi i have apply for deferred action about a month ago and it's still in process but just a week ago I got arrested for smoking marijuana i have court in two months would this affect the process?

Omg you were arrested for drug possession!!

JPerezR
10-23-2012, 02:33 PM
Hi i have apply for deferred action about a month ago and it's still in process but just a week ago I got arrested for smoking marijuana i have court in two months would this affect the process?

You haven't been convicted and probably won't be. so i think you will be fine. You should however, tell USCIS about it.

Did you get a ticket?

A court date?

Where you charged? If so, with what? Personal possesion of smalls amounts of Marijuana for personal use is not a disqualifying crime.

If you go to court try.to get a diversion program. So that you are not convicted...

JPerezR
10-23-2012, 02:35 PM
Omg you were arrested for drug possession!!

Dont scare the guy. You are in Cali, you should know its not a big deal here in California. Unless you have large amounts or are cultivating without permits..

Paroosh
10-23-2012, 05:11 PM
i was convicted of a felony 3 years ago, had probation for 3 years, stayed out of trouble, paid all fees, and recently i had the charge dismissed. heres a pic of the court document. think this will affect my outcome?

JPerezR
10-23-2012, 05:52 PM
i was convicted of a felony 3 years ago, had probation for 3 years, stayed out of trouble, paid all fees, and recently i had the charge dismissed. heres a pic of the court document. think this will affect my outcome?

What was the Felony?? If violent, it might be a very negative affect. You should have looked into possibly vacating it instead. Expunged convictions still have adverse immigration consequences.

Did you apply through a lawyer?

Paroosh
10-23-2012, 05:53 PM
What was the Felony?? If violent, it might be a very negative affect. You should have looked into possibly vacating it instead. Expunged convictions still have adverse immigration consequences.

Did you apply through a lawyer?

yes i applied through a lawyer, the crime was non-violent.

JPerezR
10-23-2012, 06:00 PM
i was convicted of a felony 3 years ago, had probation for 3 years, stayed out of trouble, paid all fees, and recently i had the charge dismissed. heres a pic of the court document. think this will affect my outcome?

Just so you know, Felony convictions make you deportable, inadmissible, and removeable. If you where unaware of that and the significant consequences of the conviction, consult a lawyer to see if you might have grounds to vacate the conviction.

JPerezR
10-23-2012, 06:01 PM
yes i applied through a lawyer, the crime was non-violent.
That's good that you applied through a lawyer.

Still. Ask him to refer you to a criminal lawyer that can look into your criminal case. If you were to try and adjust status right now, you would be denied unless you obtained a waiver.

Are you EWI?

Paroosh
10-23-2012, 06:06 PM
i am currently in removal proceedings. had a hearing on monday, but it was moved to june 2013 while we wait for the daca conclusion

Paroosh
10-23-2012, 06:08 PM
for my felony conviction, i spent no time behind bars, just did community service for 30 days.

JPerezR
10-23-2012, 06:11 PM
i am currently in removal proceedings. had a hearing on monday, but it was moved to june 2013 while we wait for the daca conclusion

Sorry for all the questions...

Are you in removal proceedings because of the criminal conviction? Or some other reason?

And good luck with everything. But it looks like DHS is already exercising PD on you by not keeping you in custody. That is a good thing. That means they don't see you as a public safety threat even after the conviction.

Paroosh
10-23-2012, 06:17 PM
ICE came to pick me up 2 years after my conviction. have been in removal proceedings since beginning of last year. they said it had nothing to do with my conviction, but why else would they come.

JPerezR
10-23-2012, 06:28 PM
ICE came to pick me up 2 years after my conviction. have been in removal proceedings since beginning of last year. they said it had nothing to do with my conviction, but why else would they come.

Yeah. ICE knew you existed because of the court and arrest records. Did they hold you for a while? Are you EWI? Have US Citizen or Permanent Resident relatives?

Once again, sorry for all the questions. I'm very intrigued with your case. I have a criminal record. No felony but one is a dui that is also expunged. Haven't applied for daca cause I am waiting for the provisional waiver. Hoping to get a green card from my USC wife petitioning me... But if cases like yours get approved, I think I will take a shot at applying for DACA while the provisional waiver goes in place...

Paroosh
10-23-2012, 06:32 PM
they held me for a couple of hours to fill out forms and answer questions, maybe 2-3 at most. They let me go on my OR, i think i am most likely EWI and have no relatives to petition for me

Dres2011
10-23-2012, 06:35 PM
I remember ICE coming to my house looking for my cousin several years ago, he had been convicted on 2 separate events.

JPerezR
10-23-2012, 06:36 PM
they held me for a couple of hours to fill out forms and answer questions, maybe 2-3 at most. They let me go on my OR, i think i am most likely EWI and have no relatives to petition for me

EWI means entered without inspection. Meaning you came without a visa.

And wow. I think you are blessed. And the fact that you have been in removal proceedings that long and released on OR is a great sign. I think you will be approved. In my opinion, you have shown DHS that you are trustworthy and not a threat. That should improve your chances of getting approved for DACA.

Paroosh
10-23-2012, 06:43 PM
i go to check in with them once a month every month since i was picked up. and yes i am EWI. this hearing was supposed to be my last, the judge said there would be no more extensions, but now shes given an 8 month extension. i always wondered why they didnt come pick me up right after my conviction, my lawyer said it was because i was no threat to the public so i wasn't a top priority for them

JPerezR
10-23-2012, 06:55 PM
i go to check in with them once a month every month since i was picked up. and yes i am EWI. this hearing was supposed to be my last, the judge said there would be no more extensions, but now shes given an 8 month extension. i always wondered why they didnt come pick me up right after my conviction, my lawyer said it was because i was no threat to the public so i wasn't a top priority for them

The extensions were to wait on DACA I'm assuming. And yeah, you are no threat. If they thought you were, you would be gone!

I'm happy for you...

Paroosh
10-23-2012, 07:01 PM
thank you, hope all goes well for you as well

JPerezR
10-23-2012, 07:04 PM
thank you, hope all goes well for you as well

Thanks and keep us updated!

guti_217
10-30-2012, 12:04 AM
?????

back in 2006 when i was in middle school i was given tickets for MIP minor in possession (of tobacco), i had TOTALLY forgot about that, specially cause i never touched those tickets, my parents never paid them, well supposedly my dad did and me and my mom never confirmed that. i was only 13. so on my application i kind of lied without knowing, i said i didnt have misdeminor's....i went and checked that with my tickets attorney and he said it MIGHT not come out on the background that uscis will request at bios cause the court i have those tickets at doesn't release info on cases, it's not a public court. and he advice'd me to not hire him for that cause he would have to move it to our local court which is a criminal public court and will for sure show up on the bio. ugh all i can do now is wait and see if i get RFE'd or worst case scenario DENIED. but i have faith that i will get approved because there has been people who have been approved with more serious MIP.

anyone with a similar case?
what do you guys think im nervous now... :/

GNIGHT
10-30-2012, 12:49 AM
Don't be nervous! I have seen several cases with more severe crimes than yours that have gotten approved. This seems to me like a non-significant misdemeanor case and you were under-age at the time. I wouldn't be worried if I was you and keep me updated to see how this process goes for you and if you (or anyone else) have any furter questions drop me a PM.

Allthatnmore
10-30-2012, 03:54 AM
?????

back in 2006 when i was in middle school i was given tickets for MIP minor in possession (of tobacco), i had TOTALLY forgot about that, specially cause i never touched those tickets, my parents never paid them, well supposedly my dad did and me and my mom never confirmed that. i was only 13. so on my application i kind of lied without knowing, i said i didnt have misdeminor's....i went and checked that with my tickets attorney and he said it MIGHT not come out on the background that uscis will request at bios cause the court i have those tickets at doesn't release info on cases, it's not a public court. and he advice'd me to not hire him for that cause he would have to move it to our local court which is a criminal public court and will for sure show up on the bio. ugh all i can do now is wait and see if i get RFE'd or worst case scenario DENIED. but i have faith that i will get approved because there has been people who have been approved with more serious MIP.

anyone with a similar case?
what do you guys think im nervous now... :/


I got one of those MIPs when I was 16, I dont think this will give you any trouble, I only listed the ones when they got my fingerprints.

guti_217
10-30-2012, 11:17 AM
thanks you guys.
GNIGHT---i will definitely keep yall posted on my case...
ALLTHATNMORE---- please also let us know if you get aproved, thanks.

JPerezR
10-30-2012, 01:57 PM
thanks you guys.
GNIGHT---i will definitely keep yall posted on my case...
ALLTHATNMORE---- please also let us know if you get aproved, thanks.

It sounds like just a citation. A misdemeanor would of gotten you in custody and fingerprinted.

I highly doubt it will come up on your background check. You have nothing to worry about.

guti_217
10-31-2012, 12:21 PM
my attorney said it was a misdemeanor, but all i can do is wait and see :)

Allthatnmore
10-31-2012, 02:55 PM
my attorney said it was a misdemeanor, but all i can do is wait and see :)

Some states classified some offenses as class c misdeanors,where other states call tnem just infractions , here in tx speeding is amisdeanor. That said, I think USCIS cocideres them infractions.

guti_217
10-31-2012, 06:29 PM
Some states classified some offenses as class c misdeanors,where other states call tnem just infractions , here in tx speeding is amisdeanor. That said, I think USCIS cocideres them infractions.

i just hope that it don't show up.

ciomar
11-01-2012, 06:33 PM
Hi guys/dreamers,
Ok, so we are filling out the application for my brother, he qualifies for everything minus the fact that he has 3+ "misdemeanors":
Three of them driving with a suspended license (misdemeanor type 1) in VA (2 expunged because it has been more than 10 years).
And two drunk in public offenses (misdemeanor type 4) also in VA. <-- These according to the attorney are not even considered misdemeanors, they are more like a simple traffic ticket.

We did an FBI background check and the only thing that came back on it is one driving with a suspended license offense and one drunk in public (guess in the other drunk in public he was never fingerprinted), his expunged cases did not show up on the federal background check.

His attorney says that his case should not even be considered a special case and that he should be fine... However I would love to hear back from people with similar or worse cases who have applied for DACA.

P.S. we have all his court dispositions and court records stating that his other cases are non existent (expunged).

Comments and suggestions please!

cat
11-05-2012, 02:26 AM
Hi everyone i hope someone help me with this thoughts i got.. idk if i qualify :/ :(
i really regret for doing stupid stuff when i was lit.

so i got 2 truancy court from a school 1 when i was 14 the 2when i was 18 and a guilty case from stealing i pay the the same day And got out after a few hours so i can get out and had a 3months probation i was 21 so what does that mean? :/

HELP PLEASE!

4justice
11-05-2012, 02:31 AM
Hi everyone i hope someone help me with this thoughts i got.. idk if i qualify :/ :(
i really regret for doing stupid stuff when i was lit.

so i got 2 truancy court from a school 1 when i was 14 the 2when i was 18 and a guilty case from stealing i pay the the same day And got out after a few hours so i can get out and had a 3months probation i was 21 so what does that mean? :/

HELP PLEASE!

You need to specify when you say "stealing"...what was the actual charge? Do you know if it was a felony or a misdemeanor? I wouldn't worry too much about the truancy tickets.

cat
11-05-2012, 02:50 AM
You need to specify when you say "stealing"...what was the actual charge? Do you know if it was a felony or a misdemeanor? I wouldn't worry too much about the truancy tickets.

if is either way i still cant apply for the dream act right? and truancy is a misdemeanor? :/

4justice
11-05-2012, 03:01 AM
if is either way i still cant apply for the dream act right? and truancy is a misdemeanor? :/

Yes it does matter, which is why I was asking. And the DREAM Act is different, this is for deferred action.

If by "stealing" you mean something like burglary, then I would not try to apply. You will not qualify and might end up getting your case transferred to ICE. If it was a petty theft, then you might still qualify since it MIGHT NOT be considered a significant misdemeanor. Your truancy citation at 14 might not be counted at all since it's almost like a traffic ticket (which are not counted) and it happened when you were very young. So what was the actual charge? If you do not want to say, that's fine, but it's important if you want a more accurate answer.

Remember though, this is just for information and it's only my personal opinion. If you have a criminal record, you should talk to an attorney first and ask if you qualify before you send anything in.

cat
11-05-2012, 03:07 AM
Yes it does matter, which is why I was asking. And the DREAM Act is different, this is for deferred action.

If by "stealing" you mean something like burglary, then I would not try to apply. You will not qualify and might end up getting your case transferred to ICE. If it was a petty theft, then you might still qualify since it MIGHT NOT be considered a significant misdemeanor. Your truancy citation at 14 might not be counted at all since it's almost like a traffic ticket (which are not counted) and it happened when you were very young. So what was the actual charge? If you do not want to say, that's fine, but it's important if you want a more accurate answer.

Remember though, this is just for information and it's only my personal opinion. If you have a criminal record, you should talk to an attorney first and ask if you qualify before you send anything in.

it was at a store and it was make up.. :/ i know it was so stupid..

Cloudless
11-05-2012, 09:56 AM
it was at a store and it was make up.. :/ i know it was so stupid..

You need to request a letter of disposition from the court that sentenced you to probation. If you qualify for DACA you need to file that letter with your application anyway. That letter will have the exact section number of the law/code you were charged with. If you give us the court name (whether it's state or municipal), the state, the city, and the exact section number, we can figure out if it's a felony, a significant misdemeanor, or just a misdemeanor.

Shoplifting is usually considered petty theft, which is different from burglary where you break into someone's property. As such I don't think yours is a significant misdemeanor that disqualifies you from DACA, but I can't know for sure without the section number.

cat
11-05-2012, 10:56 AM
You need to request a letter of disposition from the court that sentenced you to probation. If you qualify for DACA you need to file that letter with your application anyway. That letter will have the exact section number of the law/code you were charged with. If you give us the court name (whether it's state or municipal), the state, the city, and the exact section number, we can figure out if it's a felony, a significant misdemeanor, or just a misdemeanor.

Shoplifting is usually considered petty theft, which is different from burglary where you break into someone's property. As such I don't think yours is a significant misdemeanor that disqualifies you from DACA, but I can't know for sure without the section number.

ummmkay what should i say for them to send me all the files from my court papers?
and thank you very much for this orientation for the ones that are replying to this :)

jrpallares
11-05-2012, 11:47 AM
Yes it does matter, which is why I was asking. And the DREAM Act is different, this is for deferred action.

If by "stealing" you mean something like burglary, then I would not try to apply. You will not qualify and might end up getting your case transferred to ICE. If it was a petty theft, then you might still qualify since it MIGHT NOT be considered a significant misdemeanor. Your truancy citation at 14 might not be counted at all since it's almost like a traffic ticket (which are not counted) and it happened when you were very young. So what was the actual charge? If you do not want to say, that's fine, but it's important if you want a more accurate answer.

Remember though, this is just for information and it's only my personal opinion. If you have a criminal record, you should talk to an attorney first and ask if you qualify before you send anything in.

Larceny is not being considered a significant misdemeanor for DACA if i remember correctly.

dado123
11-08-2012, 05:25 PM
I am no longer convicted of a DUI, in a nut shell conclusion of expungement in lawyer terms:
It states that your plea of guilty is set aside and that a plea of not guilty is entered. In addition, the complaint is dismissed.
Woot ! Woot ! Now planning on submitting my DACA Application before thanksgiving...

Cloudless
11-08-2012, 05:54 PM
ummmkay what should i say for them to send me all the files from my court papers?
and thank you very much for this orientation for the ones that are replying to this :)

Go to that court house, then talk to the clerk and ask for the 'disposition letter' for your case. Some courts charge a small amount of money for it, like 5-10 bucks.

turboek99
11-08-2012, 06:11 PM
Larceny is not being considered a significant misdemeanor for DACA if i remember correctly.

Very interesting to know,because I have theft charge on record and if I got deffered probation(supposedly off record if getting job or so,but still showed on FBI background check)I hope its not a big problem,also does the larceny amount make a diffrence to them?

jrpallares
11-08-2012, 06:15 PM
Very interesting to know,because I have theft charge on record and if I got deffered probation(supposedly off record if getting job or so,but still showed on FBI background check)I hope its not a big problem,also does the larceny amount make a diffrence to them?

Probably as long as it wasn't a felony you should be ok.

Cloudless
11-08-2012, 06:24 PM
I am no longer convicted of a DUI, in a nut shell conclusion of expungement in lawyer terms:
It states that your plea of guilty is set aside and that a plea of not guilty is entered. In addition, the complaint is dismissed.
Woot ! Woot ! Now planning on submitting my DACA Application before thanksgiving...

Not so fast. For the purpose of immigration there is no such thing as expungement. You still need to list it on your application and attach relevant documentation. Remember, the form also asks whether you've been arrested for or charged with a felony or a misdemeanor. If you say 'no' to this question and your arrest record shows up when you're fingerprinted and checked against FBI database, you're gonna be in trouble.

You need to talk to a good immigration attorney.

dado123
11-08-2012, 07:08 PM
Not so fast. For the purpose of immigration there is no such thing as expungement. You still need to list it on your application and attach relevant documentation. Remember, the form also asks whether you've been arrested for or charged with a felony or a misdemeanor. If you say 'no' to this question and your arrest record shows up when you're fingerprinted and checked against FBI database, you're gonna be in trouble.

You need to talk to a good immigration attorney.

Thanks for your reply:
I am working with an attorney to file my DACA application, here are their further comments:
QT
Just so you know and I know I told you this before, expungement doesn't get rid of this for immigration purposes. It's still on your record as far as immigration is concerned.
UNQ

thisistrickery
11-15-2012, 03:01 AM
Hello, I'm helping this kid fill out his application, but I'm not sure whether to click yes or no on the felony or misdemeanor box. When he was 13 years old and in junior high he got in a fight with another kid and there was a case taken for Disorderly Conduct 2nd degree. The case was basically dismissed. Does he say yes or no on the misdemeanor box?

Cloudless
11-15-2012, 11:26 AM
Hello, I'm helping this kid fill out his application, but I'm not sure whether to click yes or no on the felony or misdemeanor box. When he was 13 years old and in junior high he got in a fight with another kid and there was a case taken for Disorderly Conduct 2nd degree. The case was basically dismissed. Does he say yes or no on the misdemeanor box?

Say yes, then attach a disposition letter from the court saying the case has been dismissed. If the case has been sealed / expunged, then attach a letter from the court saying the case can't be found. A disorderly conduct misdemeanor is not gonna get his application rejected.

thisistrickery
11-15-2012, 11:40 AM
Thanks Cloudless!

emily young
11-19-2012, 11:57 PM
What is considered a significant misdemeanor? Pls give examples.

Class A
Class B
Class C

If you have a case expunged does that mean you are then eligible?

Examples of significant misdemeanor:
Class A: assault/battery
Class B: Driving under the Influence (DUI)
Class C: Trespassing

I have no formal legal training, but I can point you to people who can help. You can schedule a consultation with this firm (http://www.wisedonahue.com/practice-areas/criminal-litigation/). Good luck! :wink:

4justice
11-20-2012, 08:16 PM
Just got approved today and I had been arrested for a Class B misdemeanor, however, it had been dismissed. But I did get my fingerprints taken at the jail. The charge was possession of marijuana under once ounce (long story).

Lopez29
01-08-2013, 03:00 PM
Thanks 4justice! That is so great to hear! Did you use a lawyer? If so what kind just immigration lawyer or immigration and criminal lawyer?

Anyone else get approved with dismissed misdemeanors?

4justice
01-08-2013, 04:57 PM
Thanks 4justice! That is so great to hear! Did you use a lawyer? If so what kind just immigration lawyer or immigration and criminal lawyer?

Anyone else get approved with dismissed misdemeanors?

The parents of the person responsible for my arrest paid a criminal defense attorney $400 and he eventually got the case dismissed. In reference to Deferred Action, I did not use any attorneys. I filed myself and sent in my arrest records and disposition (motion to dismiss case), which was signed by the judge and prosecutor. It was an official copy from the District Clerk's office.

Lopez29
01-09-2013, 02:42 AM
Thanks again for all the info!

TodoBien
04-25-2013, 11:14 PM
so have any of you actually been approved and what was your caee like ?

Jo_Prez
04-25-2013, 11:19 PM
I'm not sure if having had a ticket for open liquor in my car is consider a misdemeanor?? I have no criminal record, I only have that ticket for open container and that's about it. I never received a DUI or went to jail at all. Could that be another reason for my delay?

MMA
04-26-2013, 11:43 AM
.....

Pianoswithoutfaith
04-26-2013, 12:22 PM
whoa I was looking for this thread