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Hello, I would like to terminate my 3 year DUI probation. Right now I am ending my 2nd probation year. The reason I need to terminate the probation is that I would like to apply for US citizenship My question is if I can do it myself or I absolutely must hire a lawyer.? Also is there a way to clean a criminal record? So it will not show anywhere? Also if the petition would be denied by the judge, can I apply again? How soon? I spent TOO MUCH money already paying legal fees, so I was hoping maybe to cut my legal expenses this time. i was convicted in California, Santa Clara county - Palo Alto court house. I did not violate my probation - did not brake any law. Thank you!!
I am confused Could you please explain to me what is the difference between "cleaning" the record and early probation termination? since mr. John S. stated that the record will always be there for private employers to access???... also can you please help me understand why i can't i use the form from the court website? thank you!
You absolutely need to hire an attorney, preferably an immigration lawyer experienced with criminal matters. One note, there are possibly ways to "clean" a criminal record. However, if your intent is to hide convictions from USCIS, you're out of luck. Whether or not your record has been expunged, they'll have access to records of your arrest and conviction, so....Keep that in mind when answering questions related to your legal circumstances. Bottom line, if you're wanting to apply for citizenship you are going to have to come up with the money for a good immigration attorney. EDIT: Actually, the immigration lawyer recommendation is made since you state you're interested in "cleaning" your record. As for whether you need an attorney to petition for termination of your probation, not necessarily. That being said, I wouldn't recommend just using a form off the internet (only exception are forms provided on the court's website). If you have reporting probation (you have a probation officer), they can assist you with drafting an effective petition and be your best ally in pushing it through. If you're on non-reporting probation and have no probation officer, you can probably use the form as a guideline, but drafting your own petition is the best way to approach it. Don't worry about not having the terms exactly correct or sounding "legal." It's my experience most judges are far more likely to be swayed by a genuine appeal when you're asking to be released from the terms of your probation a year early.
You are not obligated to have an attorney to apply for early termination of probation, but your odds of getting DUI probation terminated early start out poor, and without an attorney they are even lower. There is no way to clean an adult record so that it will not show anywhere. Relief under PC1203.4 is available at the discretion of the court which allows you to tell private employers that you were not convicted, and the DUI will go off your DMV record in 10 years.
If you are still on probation, probation has to be terminated. If interested, a California DUI attorney generally needs: Case number, date of birth, conviction date, probation length, Vehicle Code charge number, and San Diego county court location. Please visit . Once expunged, a Robbinsdale employer is not permitted to even ask about it. See can buy and instantly print your 'DL Driving Record' (which looks like an "H-6") online for $2 at . It's not the coded-looking "H-6," but it works for most programs that require an "H-6". Or if in the future, you're just curious what's on your driving record and don't feel like waiting in line at the DMV. It shows departmental actions, convictions, failures to appear, accidents, etc.
DUIs and its Impact on Green Card and Citizenship Applications How can a simple Driving Under the Influence (“DUI”) conviction affect my green card application? How can it influence my naturalization or citizenship application? What if I have two DUIs? What if the specific state statute for my DUI conviction has an intent requirement? What if the crime of having two or more DUIs based on my state’s laws has a sentence of over 365 days? A Crime Involving Moral Turpitude (“CIMT”) is a crime category that makes applicants inadmissible from getting a green card. Whether a DUI would prevent one from obtaining a green card depends on whether it is deemed a CIMT. Generally, a crime would involve moral turpitude if it has an intent requirement. In most state laws, DUIs mean that a person is driving with a blood alcohol level above a certain state maximum, that’s it, with no intent requirement. Thus, most simple DUIs in state laws are not considered a CIMT. So a conviction of a simple DUI that is not considered a CIMT would still likely enable you to get a green card. Note though that some could be convicted of a higher degree DUI which could have an intent requirement. For example, aggravated DUIs are considered CIMTs which would hurt your green card application. Aggravated felonies is another category of crimes that subject foreigners to inadmissibility and deportation. This would not only prevent you from obtaining a green card and citizenship, it would also get you to deportation proceedings. Some state laws penalize a second or third DUI with a sentence of over 365 days. Criminal convictions with a sentence of over 365 days are deemed aggravated felonies. Thus, one may have committed an aggravated felony for having multiple DUIs. It is crucial to check the specific state laws on how they categorize multiple DUI convictions. That will determine whether the alien has an aggravated felony or not, thereby determining whether he or she is still eligible for a green card, citizenship, or be subject to deportation. It is important to note that when someone gets convicted of a DUI, no matter how minor the penalty or statute seems to be, that person is fingerprinted and photographed. The information is saved to a database that the government will have access to when that person applies for any future immigration benefit. Thus, all applicants for green cards or citizenship should be truthful in their applications. So many applicants with certain criminal records would have been able to adjust status or naturalize despite their criminal record, but because they lied and misrepresented, their cases got denied. Before one becomes a naturalized citizen, the green card holder must satisfy the five-year good moral character requirement. There is no straight-line rule on what satisfies good moral character. Immigration officers evaluate this on a case-by-case basis. They look at your criminal arrests and convictions, when they occurred, and how bad they are. A DUI conviction that is not a CIMT, committed over the last five years, does not usually affect the good moral character requirement for citizenship, though it still may be questioned and cause a denial if combined with other minor transgressions. If there was one DUI that happened early in the five-year statutory period, one could argue that the lack of any violation after the DUI indicates character reform, which may lead the officer to find good moral character and approve the case. Having two DUIs is another story. If you have two or more DUIs in the statutory period, it is best to wait five years from the last arrest before you apply for citizenship. The worse situation though is when two or three DUIs at your state requires over a 365-day sentence. As explained earlier, since that becomes an aggravated felony, not only would your citizenship application be denied, you also would be subject to deportation. Assuming the crime of having two DUIs is not an aggravated felony, if you had a DUI before the five-year statutory period and another one during the statutory period, the immigration officer still has the discretion to look beyond the five-year period and can still find a lack of good moral character. An applicant should argue that the first one was before the five-year period. If the particular officer still exercises his discretion and denies the case, then it’s best to wait five years from the latest arrest before filing another citizenship application.
Penal Code 1203.2
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