Should I get my criminal record expunged before applying for citizenship? 7 Answers as of August 23, 2011

4 years ago, my boyfriend and I were in a dispute and he went to jail and he has a domestic violence 2919.25 m1 against him. He was deported in 2007 and ever since I have been living here in Mexico. We are now married. We have been married for 2 years and mended our relationship. Prior to this he was pulled over in a car and taken to jail for having 2 ids but he doesn’t know the charge. He was arrested and paid a fine to leave and skipped out on a court date. We want to try to apply for his papers but we know that they will be denied. What can we do to fix this can we pay to get his record expunged? Since I have been here with him and we have been married 2years and we have 2 kids together does that help? He realized he made a mistake and wants to do things the right way. Would it help if I go to America to get an attorney, here in Mexico the embassy office is not trustworthy.

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Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
As a rule of thumb, never expunge any criminal record until you naturalize. Your case is complicated enough not to do it yourself. You need to hire a good immigration attorney.
Answer Applies to: Nevada
Replied: 8/23/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes, you can contact a criminal attorney to check your husband criminal records and see if there are some charges that can be dismissed. That will help a lot. After that, we can help you to get your husband a green card. He definitely will need a waiver.
Answer Applies to: California
Replied: 8/4/2011
Fong & Associates
Fong & Associates | William D. Fong
An expungement does not help with immigration. The forms do not ask about a "record", they ask if you have ever been arrested, charged or convicted. All of these would be marked "yes" even with an expunged record. It will be better to see if he qualifies for a waiver, but that will be difficult if you are already living in Mexico with him. The waiver requires that you have an extreme and unusual hardship if he were to be denied the immigrant visa, but you are now living with him in Mexico.
Answer Applies to: Texas
Replied: 8/3/2011
Kazmi & Sakata
Kazmi & Sakata | Harun Kazmi
Hello and thank you for your inquiry. The expungment will not get rid of the crime. The convictions will still be used against his immigration regardless of this. All you can do is try and file the marriage petition and try and get a Waiver.
Answer Applies to: California
Replied: 8/3/2011
Law Office of Felipe A. Malo, P.A.
Law Office of Felipe A. Malo, P.A. | Felipe Augusto Malo
Yes hire an atty in USA
Answer Applies to: Florida
Replied: 8/3/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    Contact my office for a free consultation so I can go through your options with you. Even if a record is expunged for immigration purposes, they can look at this charge.
    Answer Applies to: Florida
    Replied: 8/3/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Having your criminal record expunged does not mean you can say no if asked whether you have been convicted. Since it is within 5 years, depending on the nature of crime, you may have problem with citizen. You should consult a lawyer with all your paperwork. You are more than welcome to contact our firm.
    Answer Applies to: Florida
    Replied: 8/3/2011
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