Legal Question in Criminal Law in California

Expungement needed for Green Card process?

I have plead guilty on two counts: petty theft and trespassing (both misdemeanors). These conviction was resulted from one incident (burglary-stole $300 stuff from store). As a result of my conviction, I was serving 30 days of community service and 3 years of probation period. This is the only conviction I have ever.

My questions are:

1. When is the earliest date which I can file a request to expunge the record of conviction?

2. My understanding is that we can request to expunge the record for A misdemeanor. Can I still request to expunge my record since there are two counts on one conviction?

3. Do I have to inform the parole officer upon completion of my community service that I am intending to request to expunge the record in the future?

4. Once I completed the community service, are there additional steps that I need to take in order to be eligible to request to expunge my criminal record?

5. I am currently in a process of obtaining a green card (through political asylum). Does the fact that I have a conviction will adversely affect my green card application?

Providing that my conviction record is expunged, will the expungement affect, in any ways, of my green card application?

Thank you for your time.


Asked on 4/23/04, 6:04 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Expungement needed for Green Card process?

Conviction is supposed to disqualify you from green card. Expungement has no effect on that.

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Answered on 4/26/04, 1:13 pm


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