Does a dismissal in the furth of justice count as a conviction? 6 Answers as of January 17, 2012

All arrests must be disclosed and certified copy of the court records included with any immigration filing. A dismissal is not a conviction and does not "count." But the facts in the police report may be considered as an admission of behavior which would defeat a finding of "good moral character." These issues are tricky and best discussed with specifics with an immigration attorney who will know the standard for the particular type of immigration benefit being sought.

Generally, a dismissal in the furtherance of justice is a dismissal. Should not count as a conviction. This does not guarantee that the government will not know about it, of course. And, if you are completing any forms that ask if you have ever been ARRESTED for a certain offense, you must still list that particular charge... Good luck. Be sure to see someone experienced in this area before taking any steps.

Your fact patterns sadly are not clear enough to provide an objective answer. Also, an immigration attorney needs to review all your criminal background and immigration status to determine if the criminal activity has immigration consequences.

In California, a dismissal under PC section 1385 means that you do not have a conviction under that count for immigration purposes.

As an initial matter, you must keep in mind that all convictions impact immigration. Some convictions bar you from relief while others impact discretion to grant relief. In general, a charge that is dismissed is not treated as a conviction. However, depending upon the charges and whether any conditions were placed on you to get the dismissal, it could potentially be treated as a conviction. Any time an individual who is not a citizen has a criminal arrest, it is important to discuss the impact on their ability to remain in the U.S.

A dismissal in the furtherance of justice is a dismissal of the charge and is therefore not a conviction. You still have an arrest and a charge.