Expungement & misdemeanor cases
 

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?

Re: Expungement & misdemeanor cases
 

Yes and as long you didn't spend time in jail for more than one year.

Re: Expungement & misdemeanor cases
 

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..

Re: Expungement & misdemeanor cases
 

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?

Re: Expungement & misdemeanor cases
 

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/offi...on-process.pdf

Re: Expungement & misdemeanor cases
 

I'm still iffy I had a class b and currently under going pre trial to get it dismissed and then expunged

Re: Expungement & misdemeanor cases
 

I'm not completely sure but I've read that expunged cases still show up on Federal background checks.

Re: Expungement & misdemeanor cases
 

^^^ 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.

Re: Expungement & misdemeanor cases
 

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??

Re: Expungement & misdemeanor cases
 

Moved to The Lounge.