Legal Question in Criminal Law in California

Re: removal of misdemeanor from records

Yes, you are quite correct, expungements generally do not work when it comes to eliminating adverse immigration consequences of criminal convictions. A conviction or admission of guilt might have immigration consequences even if the conviction has been long expunged.

First, you need to determine whether your record does create immigration problems for you at all. I would not necessarily assume there is a problem especially when the offense or offenses are minor and you have been a green card holder for a long time. If there are consequences, you need to find out whether your record makes you deportable, inadmissible or keeps you from becoming naturalized. The exact consequences of your convictions will determine what needs to be done in your case.

An immigration lawyer or a criminal defense lawyer who specializes in dealing with immigration consequences of past convictions can assist you in figuring out whether there is a problem.

Second, if you indeed have an immigration problem, the solution is to file the right type of motion or writ to have your conviction(s) or the sentence vacated or set aside. The grounds for vacating a conviction are numerous and it is impossible to advise you which ones would potentially be applicable to your situation without knowing more facts. There is a variety of different motions, some with latin names, which could be relevant and necessary,

If your conviction needs to be vacated, this task should be handled by a criminal defense lawyer who specializes in this area.

If you would like to find additional information, please see the Immigration & Crime section of my website at www.lentzlawfirm.com.

Feel free to contact me by phone as well.

Very best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com