Legal Question in Criminal Law in California

Re: diversion vs conviction

This is an area of law that is subject to rapid changes, as it is political. You should get your answer from an immigration specialist, which I am not. I do know it is urgent to avoid a conviction. Good luck.

Re: diversion vs conviction

This is an area of law that is subject to rapid changes, as it is political. You should get your answer from an immigration specialist, which I am not. I do know it is urgent to avoid a conviction. Good luck.

Re: diversion vs conviction

With no conviction on your record you should be fine as long as you do not have to admit or plead to anything in court. Admission can count the same as conviction for immigration purposes.

When you apply for citizenship, you will have to establish what is called good moral character. I believe that the immigration authorities will consider your conduct, not just your convictions, within 5 years of your citizenship application. So if you do not have to or intend to apply for the next 10 years it seems you should be OK. It is also possible that your diversion would have little impact if any at all on your application even if you were to apply tomorrow. I understand that only convictions, probation status and certain types of conduct, such as drug trafficking or prostitution, constitute an absolute bar to establishing good moral character.

That said, please double check what I just told you with your immigration lawyer. I am not 100 percent sure of my answer as I am not an immigration attorney.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com