QUESTION

Would an expunged domestic violence case prevent me from becoming a citizen?

Asked on Aug 31st, 2015 on Immigration - Georgia
More details to this question:
I was convicted of a domestic violence back in 2004, all the court requirements were met. I got the case expunged in 2012. I don’t have anything else on my record. Can the DV case be a factor me getting citizenship in the US?
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2 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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It can be, depending on the exact charges/Penal Code Section(s) you were convicted of. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case, and advise you of your options.
Answered on Sep 01st, 2015 at 12:11 AM

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Immigration Law Attorney serving Atlanta, GA
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Many people, even including skilled criminal defense attorneys, mistakenly believe that expungement of a criminal conviction will have no impact upon an immigration-related application. Instead, security background checks that are a part of immigration application processes can be expected to reveal arrests and convictions even if they have been ordered expunged by the relevant court. Beyond that, an applicant must disclose criminal arrests and convictions in the application forms, and failure to do so, even following an expungement, can have very harsh consequences. Also note that it is necessary to supply court-certified copies of arrest dispositions, and when a case has been expunged it can be quite difficult to get court-certified copies. For this reason, if a criminal defense attorney is not thoroughly familiar with the impact of criminal matters on immigration, a client should request collaboration with an immigration attorney. Domestic violence convictions may indeed bar eligibility for naturalization. It would be wise to engage an immigration attorney who, after learning all of the relevant information about that matter, could advise you about eligibility and about steps that may be available to take at this late stage to attain your goal. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Aug 31st, 2015 at 1:58 PM

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