If I get my DUIs expunged, will I be able to get my citizenship? 16 Answers as of October 28, 2011

Sealing or expunging the DUIs will not help with regards to naturalization. The only way USCIS will not consider the DUIs is if the convections are vacated. You may be eligible for citizenship, but more information is needed.

It's incorrect that you cannot become a US citizen with three DUIs assuming they are only DUIs. What matters is when your last DUI was since you need 5 years of good moral character. Getting an expungement will not help you in this situation for immigration purposes.

Expungment will not help your immigration case including naturalization. If your most recent offense is more than 5 years, or 3 if you base your application on the 3 year provision, you may apply.

For Naturalization you must disclose all past crimes, even the ones expunged.

Having the convictions expunged will not make a difference. You can apply for naturalization 5 years after your last conviction and end of probation if you were only convicted of DUIs. I strongly recommend consulting with an experienced immigration attorney before you file your application.

In order to qualify for naturalization, an applicant must demonstrate five years of good moral character. The factors and bars to good moral character are listed in INA 101(f). Being a habitual drunkard is a bar to good moral character. If a person applies for naturalization after having multiple DUIs, immigration might be concerned that that person is a habitual drunkard, and the person would be ineligible to naturalize. While generally immigration only looks at the conduct within the 5 years immediately preceding the application for naturalization, they can look at conduct outside of the five years. If your last DUI was more than five years ago, then it might be time for you to look into applying for citizenship to see if it is worth the effort. Getting your DUI expunged will not erase them for immigration purposes. The only way to erase a conviction for immigration purposes is for it to be overturned on constitutional grounds. However, getting your convictions expunged will help in the sense that it will show immigration that you are rehabilitated and not likely to continue to commit crimes. Another thing to consider is that a DUI can be a reason for immigration to start deportation proceedings against you. It depends on the exact language and statute under which you were convicted. That is why it is important when someone is considering applying for citizenship that two separate questions be asked: (1) am I eligible to naturalize, and (2) Can I be deported based on my criminal history? Given the risks and complications in your case, I would strongly recommend consulting with an immigration attorney before taking any action on your case.