Legal Question in Immigration Law in California

Motion for Expungement and DUI

Hi,

I was arrested in California couple of years back for DUI.

Now I am applying for Green Card (LC and I140 approved).

Now I am ready to apply for AOS (I485). It seems like the DUI conviction may have adverse impact on my AOS application.

During one of the DUI classes, I remember an instructor talking about motion for expungement. I guess we can file for motion for expungement in state of California, 18 months after the DUI conviction.

My questions are:

1. What exactly is motion for expungement?

2. Will motion for expungement help me get my AOS approved?

If yes, how?

3. How much does it cost to file such a motion?

Lawyer fees, court fees etc.

4. Does any one have experience with such a situation?

Thanks


Asked on 4/07/03, 5:29 pm

2 Answers from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: Motion for Expungement and DUI

Forget expungement of the DUI conviction. Even if you could do it, since 1999 it won't help when it comes to immigration. The BCIS will still consider the conviction in determining overall good moral character.

The good news is that one DUI conviction without any other arrest/conviction will not result in denial of your adjustment application, at least in Los Angeles where I am based. The local policy in the Minnesota BCIS office may be slightly different but probably not that different. Simple DUI in California is not a crime of moral turpitude and certainly not an aggravated felony. So, just show up to the adjustment interview and express regret for the conviction, that you've changed, and you should be OK.

Liem Doan, Esq.

Note: The above response is provided for legal information only and is not legal advice. Such advice can only be rendered after an

attorney-client relationship has been expressly established.

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Answered on 4/08/03, 4:45 pm
Myron Morales Lee Lane Smith LLP

Re: Motion for Expungement and DUI

Whether the conviction will hurt your application depends on whether it meets the federal definition of crime of moral turpitude, aggravated felony, etc. Expungement is unlikely to help.

Contact me at [email protected] for more information.

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Answered on 4/07/03, 9:41 pm


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