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My criminal case was dismissed. Can immigration see dismissed cases?

Immigration can see every dismissed case, it's important for you to know that they get to see everything that's ever been on your criminal record, which typically is going to be there based on fingerprints. So if you've ever been fingerprinted, or a court has ever submitted the record to the state criminal information system, then immigration will see it. So this includes something that's been dismissed. It includes, you know, a first offender offense that you think is not a conviction. But as a conviction, even though there was some deferred adjudication from the court. This includes expunged or restricted offenses, immigration is going to be able to see everything. And it's important that you have a way to show how the case resolved.

So if they can see it, which they will, then you are going to be responsible for also showing a certified copy of how the case was resolved to let's call it a disposition, right. And so you want to be able to confidently be able to show them that you have a criminal offense, that's not going to be considered a conviction by immigration, you know, your definition of dismissal might not really be the technical federal definition of a dismissed offense. And you also want to make sure that if you do have a conviction, that that result is going to be okay for your immigration situation. But overall, yes, be aware of dismissed offense is going to show up for immigration.

And it's important, even when you have an offense that's dismissed, that you have an experienced immigration attorney who can explain to the immigration authorities that your offense really was not a conviction, because sometimes they interpret a dismissal as a conviction. And that could impact your immigration status even though you didn't think it could. So we're here to help you with any issue that comes up for a non US citizen that involves a criminal offense. And you know, we're here at help just a call away.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.

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