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DAP Forums > DREAM Act > The Lounge

Expungement & misdemeanor cases - Page 6

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#51
08-22-2012, 07:00 PM
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From Pasadena,California
Joined in Jan 2007
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Elmexicano's Avatar
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Quote:
Originally Posted by vick0148 View Post
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.
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#52
08-22-2012, 07:07 PM
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vick0148
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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
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#53
08-22-2012, 07:13 PM
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Quote:
Originally Posted by vick0148 View Post
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.
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#54
08-23-2012, 02:03 PM
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From Los Angeles
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david87
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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.
Last edited by david87; 08-23-2012 at 02:06 PM..
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#55
08-23-2012, 03:10 PM
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JPerezR
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Quote:
Originally Posted by caliman05 View Post
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.
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#56
08-30-2012, 06:40 AM
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How about my juvi records got sealed can I respond by saying no never been arrested?
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#57
08-31-2012, 07:48 PM
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MearDreamer
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Quote:
Originally Posted by Qui-Gon Jinn View Post
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!
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#58
08-31-2012, 11:18 PM
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Dreamer0523
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Quote:
Originally Posted by MearDreamer View Post
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
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#59
10-23-2012, 12:41 PM
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Neraks
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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?
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#60
10-23-2012, 12:59 PM
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From Sacramento, CA
Joined in Sep 2010
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jrpallares
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Quote:
Originally Posted by Neraks View Post
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.
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