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Prior DUI/I-485

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  • Prior DUI/I-485

    I had a DUI over a decade ago and it was my first and only brush with law enforcement. I successfully completed a rehabilitative program for alcohol safety classes. I have a copy of the rehabilitation completion certificate and it shows that my case was alcohol related and confirms that I fulfilled all legal requirements and paid my dues. My case was Dismissed with no conviction and records were expunged.

    I know I have to declare this on I-485. However, I do not have ANY arrest records or court dispositions - I have lost them or accidentally discarded them in the past 10 years.

    I recently requested the county office to see if they are able to provide any certified documents for an expunged case and they provided an attested NO RECORD FOUND letter. They said they cannot provide anything else since the case has been expunged.

    1. What are my options to provide any evidence for my case besides the letter stating NO RECORDS and my rehabilitation completion certificate?
    2. Am I able to get a copy of the original court disposition document? If so, how? Who should I contact?
    3. If I cannot get court copies, will this affect my application? Will the
    NO RECORDS and my rehabilitation completion certificate suffice?
    4. Will I be questioned about this at the interview?


    Has anyone been in a similar situation? I appreciate your help. Thank you.

  • #2
    Yes you have to declare it even if it got expunged. Expungement means nothing to immigration and the case will ALWAYS show on the system when they run background check, especially with FBI.

    You could get the Order of dismissal and the expunged order from Court and you will have to pay as little as $6 for an original and sealed documents.

    Send those documents along with your Application and hopefully it won’t come up in the interview as long as you are honest and straightforward from the beginning.

    you could also explain everything in the application in the last pages where it says “comments” .

    hope this helps

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    • #3
      I got a dui in 2011.I took the classes,community work and paid the court dues.Went back to court and my case was dismissed which meant no conviction.I filed for my green card in 2018.But before I sent my package,I went back to the court and asked for my court disposition.I went for my interview and the immigration agent didn’t even ask me about my dui.My interview was less than 10min.I got approved on the spot.Just go back the same court which handled your case and ask for a court disposition.With immigration there is nothing like expungement.

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