Legal Question in DUI Law in California

I was changed with a 647(f)P.C. last night. Is it important to get this taken off my record since I am going to be refiling for my green card really soon and if so how do I go about doing that?


Asked on 2/17/12, 2:32 pm

4 Answers from Attorneys

Joe Dane Law Office of Joe Dane

If you were just arrested, but not charged in court, you may be able to petition for a finding of factual innocence in order to try and seal and destroy your arrest record.

If you're charged, you will need an attorney to represent you and fight to have the case dismissed and avoid a conviction that may impact immigration.

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Answered on 2/17/12, 2:49 pm
David M. Wallin Law Offices OF David M. Wallin

If you haven't pled guilty or no contest, you may want to fight the charge. These charges are, very often, reducable and even dismissable, if your attorney attempts to negotiate a better deal. I wish you well........... David Wallin

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Answered on 2/17/12, 8:10 pm
Terry A. Nelson Nelson & Lawless

You don't get it 'taken off'.

Once arrested, that is on your record 'forever'. If convicted, that would also be on your record 'forever'. Yes, this could affect your INS status, as any conviction can potentially get you deported or denied a green card.

Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help, using whatever defenses there may be.

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Answered on 2/18/12, 12:27 pm


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