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DAP Forums > DREAM Act > The Lounge

Will DHS consider my expunged or juvenile conviction ??

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#1
08-10-2012, 11:17 PM
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"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."

This is very confusing to me. I have a conviction for having a fake ID 470(B)forgery. And worst a DUI. I have begun the process of expunging both convictions.

Normally during DHS and USCIS background checks, expungements do not matter. You will still be penalized to the fullest extent. But what was included in the last update, appears to contradict their normal policy.

I hope that the above is true and that cases will be in fact decided weighing the totality of the case.

I have 1 19month old boy and a 28 month pregnant fiance. All of them are US citizens. I am the sole provider for them. I even help support my siblings who are also US citizens. I have filed tax returns since I was 20(Im turning 27 in a couple weeks). I have always worked and contributed to society. Starting last year I make over $100,000 a year. That's a lot of taxes I pay. I've completed some college and I am returning this fall. I have no debt. Cars and everything is paid for. I Own a 750 Fico score. Im charitable. Spend a lot. Shit, I have it together them most Americans my age. If I were the person studying my case, I would approve deferred action in a heartbeat.

Still. I'm so freaking nervous. But if what was stated is true, my criminal record will not automatically disqualify me.

I am not applying until I get the green light from the courts saying that my convictions are expunged. Just so that in case my background is a problem, I can quote the memo recently released to defend my case.
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#2
08-10-2012, 11:54 PM
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For those of you who plan to get cases expunged before applying, its not as hard. You can do it yourself. Lawyers charge up to $1000 per conviction case. Totally not necessary. Below is what I did. I live in California by the way. All of California works the same. Other states use different forms and the process might differ as well. So do your research and remember that I am no lawyer. Just sharing my experience.

- I visited the county court's website where my case was(Orange county). I looked for their self help area. In their self help area they have information on expungements. What they are, what they do, light faq. My county offered an expungement workshop which guided attendees step by step on what to do. Most Importantly, it told you if you qualified. I did not attend a workshop but I did do my research and visited one of the self help centers in my county's court for guidance.

Here is a link to a place where you can see if you are eligible for a california expungement. Its simple. If cali is not your state. Google your state and you will find something similar. ONLY MISDEMEANORS AND INFRACTIONS CAN BE EXPUNGED. NOT FELONIES!

http://qiklaw.com/questionnaire/1

- I had the Court clerk print your Docket File. This is usually free but the court can charge you a couple bucks for paper. This file holds all the court minutes and every single action in your case. The self help center in your court will probably ask you for it. mainly to see if you violated probation or didn't complete part of the sentence.

-Once I knew I could get my Case expunged and had my Docket File printed. I asked staff at the self help centers what forms I needed. They actually highlighted every single box I needed to check and told me where to write what. If you never violated probation and completed all the terms, the form you fill out is simple. The request for dismissal is simple and just requires you to check boxes. If you violated probation, you need to attach a declaration explaining why it is in the interest of justice to dismiss your case.

Here are the California forms

Petition for dismissal form CR-180(this form is you requesting the dismissal)
www.courts.ca.gov/documents/cr180.pdf

Order for dismissal form CR-181(You complete a portion and the rest is completed by the judge)
www.courts.ca.gov/documents/cr181.pdf

Misc Declaration form MC-030(This is where you write why your case should be dismissed in the interest of Justice)
www.courts.ca.gov/documents/mc030.pdf

Proof of service form. These forms vary by county. So ask your self help center what form you need. One of your friends or family members needs to serve a copy of every form to the district attorney's office that prosecuted you.


Once I completed the forms, I went again to the self help center for them to riview everything. If there is any mistake your petition will be denied. They said I was good. So off I went to the court house to file all 4 forms listed above.

The paperwork must be filed at the court clerks window where your case was handled. The clerk made sure all my forms where there and then charged me a $120 fee for filing the expungement. (the fee to file can be waived if you cannot afford it. Ask your self help center about it and they will guide you on what forms to submit).

And that was it. After being charged the fees, I was told I would receive a judgement in the mail with a decision.

If you dont have any cases pending and do everything right, you will thrive. The courts are very good about expunging cases. That is why all the websites that do expungements are so populare and they make a killing!
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#3
08-11-2012, 01:46 AM
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Quote:
Originally Posted by JPerezR View Post
"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."

This is very confusing to me. I have a conviction for having a fake ID 470(B)forgery. And worst a DUI. I have begun the process of expunging both convictions.

Normally during DHS and USCIS background checks, expungements do not matter. You will still be penalized to the fullest extent. But what was included in the last update, appears to contradict their normal policy.

I hope that the above is true and that cases will be in fact decided weighing the totality of the case.

I have 1 19month old boy and a 28 month pregnant fiance. All of them are US citizens. I am the sole provider for them. I even help support my siblings who are also US citizens. I have filed tax returns since I was 20(Im turning 27 in a couple weeks). I have always worked and contributed to society. Starting last year I make over $100,000 a year. That's a lot of taxes I pay. I've completed some college and I am returning this fall. I have no debt. Cars and everything is paid for. I Own a 750 Fico score. Im charitable. Spend a lot. Shit, I have it together them most Americans my age. If I were the person studying my case, I would approve deferred action in a heartbeat.

Still. I'm so freaking nervous. But if what was stated is true, my criminal record will not automatically disqualify me.

I am not applying until I get the green light from the courts saying that my convictions are expunged. Just so that in case my background is a problem, I can quote the memo recently released to defend my case.
Most importantly, you may want to show that you're never doing it ever again. Every immigration official HATES DUIs. I thought people were kidding until I saw bond hearings. As soon as DUI came out of the prosecutor's mouth, the hearing was basically done. The only way to counteract that is to ensure that you show that it was a one-time, really stupid thing. Getting a lawyer may help. The problem is that you meet the criteria for an NTA issuance, which is why applying for deferred action is risky. If they deny on discretion, you may get one:

http://www.uscis.gov/USCIS/Laws/Memo...2011-7-11).pdf
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#4
08-11-2012, 01:47 AM
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Note: the fraud doesn't help either. It's a crime involving moral turpitude.
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#5
08-11-2012, 02:18 AM
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Quote:
Originally Posted by elihu View Post
Note: the fraud doesn't help either. It's a crime involving moral turpitude.
I never mentioned fraud. Being in possesion of a fake ID is not fraud. That is forgery. Not even forging the item. Just having it. It is a very common crime. Almost everyone has had a beer ID in the past. It is not listed as a significant misdemeanor. FRAUD is completely different.
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#6
08-11-2012, 02:27 AM
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Quote:
Originally Posted by elihu View Post
Most importantly, you may want to show that you're never doing it ever again. Every immigration official HATES DUIs. I thought people were kidding until I saw bond hearings. As soon as DUI came out of the prosecutor's mouth, the hearing was basically done. The only way to counteract that is to ensure that you show that it was a one-time, really stupid thing. Getting a lawyer may help. The problem is that you meet the criteria for an NTA issuance, which is why applying for deferred action is risky. If they deny on discretion, you may get one:

http://www.uscis.gov/USCIS/Laws/Memo...2011-7-11).pdf
A DUI is not mentioned in the memo you posted above. DUIs don't make people deportable or inadmissable. I have heard it from an attorney's mouth and other sources. The DUI being included in Deferred action was a surprise to many. It is so easy to get DUIs. So many people get them. People from all walks of life. From real criminals to innocent grandmas. It doesn't define a person's character. In my case, I wasn't even driving. Keys were nowhere to be found. But because I was fearful of being in custody and just plain stupid, I didnt fight it.
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#7
08-11-2012, 03:41 AM
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Quote:
Originally Posted by JPerezR View Post
I never mentioned fraud. Being in possesion of a fake ID is not fraud. That is forgery. Not even forging the item. Just having it. It is a very common crime. Almost everyone has had a beer ID in the past. It is not listed as a significant misdemeanor. FRAUD is completely different.
Sure, it's common, and it comes back to bite you in the ass if you're not careful.

Page 14: http://www.nlada.org/DMS/Documents/1...ia%20Chart.pdf

I concede you're right in that fraud is very different. And yet both fraud and forgery are crimes involving moral turpitude. The case law is mushy on 470(b) in the Ninth Circuit, but my point was that neither looks pretty.

Quote:
Originally Posted by JPerezR View Post
A DUI is not mentioned in the memo you posted above. DUIs don't make people deportable or inadmissable. I have heard it from an attorney's mouth and other sources. The DUI being included in Deferred action was a surprise to many. It is so easy to get DUIs. So many people get them. People from all walks of life. From real criminals to innocent grandmas. It doesn't define a person's character. In my case, I wasn't even driving. Keys were nowhere to be found. But because I was fearful of being in custody and just plain stupid, I didnt fight it.
I'm not judging you for a DUI conviction; it's not my place, and it's certainly not your fault if what you're saying is true.

I'm simply warning you that Immigration doesn't like the conviction. Why? Because when someone who's undocumented goes out and drives under the influence, if, by some terrible chance, that person accidentally hits a car and kills a family, the headline isn't "Drunk Driving Accident Kills 4"; it's "Illegal Alien Driving Without License Kills Family of Four."

Here's the bad part for everyone who's undocumented: every person on the right is going to say "this is the kind of illegal alien that Obama wants to give amnesty." Are they right? No. But the shit show is there anyway.

I've been in courtrooms enough time to see at least a dozen people get bond denied because they were convicted of a single DUI, even once in a case where his family member had a medical emergency. Immigration Judges don't play around with DUIs. When those people go back and try to win cancellation of removal or asylum, they will probably lose on discretionary grounds unless they manage to show that the conviction was a fluke, whether by police reports or subsequent rehabilitation coupled with substantially favorable factors.
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#8
08-11-2012, 09:10 AM
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28 month pregnant fiance? huh? Something's up.
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08-11-2012, 09:19 AM
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Removed.
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#10
08-11-2012, 12:26 PM
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Quote:
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28 month pregnant fiance? huh? Something's up.
Yeah Brah. My girl is pregnant with our second son. Thats what up. Not sure what your point is.
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