QUESTION
Can I get a misdemeanor for prostitution removed from my record?
Asked on Mar 20th, 2012 on Immigration - Georgia
More details to this question:
In 2009 I was arrested for prostitution, a misdemeanor that was a burden in my life. Final verdict: "Nolle Prosequi." This happened before I applied for my green card in 2010. I finally got my green card in 2011 but now every time I leave the U.S and come back I am sent to the separate room for further analysis, and sometimes questioned and wait hours. My question is, if I expunge my record can Customs and Border agents still see it on the computer? Please help me, its been a pain in the neck to deal with this every time I travel.
4 ANSWERS
You can file under the TRIP program: http://www.dhs.gov/files/programs/gc_1169676919316.shtm
Answered on Mar 26th, 2012 at 1:46 PM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
Update Your Profile
The expungement will not help your situation. If you travel frequently, you may consider the TRIP traveler redress program, but it takes a long time and still may not make your entry that much easier.
Answered on Mar 22nd, 2012 at 1:28 PM
Assault Attorney serving Richardson, TX
2 Awards
Even if you expunge it they will know and you cannot deny the conviction. The only way would be to explore a writ of habeas corpus.
Answered on Mar 21st, 2012 at 4:38 PM
Congratulations upon being approved for your "Green Card." Immigration authorities do not reveal to the public (or to immigration lawyers) the exact databases they access for various purposes, including screening Permanent Residents when they enter the U.S., but those databases and resources are very extensive and do reveal criminal matters despite "nolle prosequi" dispositions and even expungements and court orders to seal files. Generally, Permanent Residents become eligible to petition to become naturalized U.S. citizens after 5 years of Permanent Resident status (3 years for most people married to U.S. Citizens), and of course those petitions may be filed 90 days before the end of the 5-year or 3-year period. Once becoming a naturalized U.S. citizen, details about the 2009 arrest will become irrelevant and you should not be questioned about it upon entering the country.
Answered on Mar 21st, 2012 at 3:47 PM