I’m immigrant with expired Esta visa with small criminal record misdimeanor. My boyfriend is American citizen.

Immigration law is federal and you would likely get the same treatment if you married in Florida or California. You should ensure that your small criminal record misdemeanor is not considered by Immigration to be a crime involving moral turpitude nor that it is one that would make you inadmissible. Upon filing for adjustment of status based on marriage to a US citizen, the main focus of USCIS will usually be on the bona fides of the relationship. I do note that USCIS in past years gave harsh treatment to some expired ESTA holders trying to adjust status on the basis that they had signed away all their rights when they entered under ESTA, but USCIS has largely stopped that practice. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.