Because of my immigration matter, I had better NOT expunge my case, really!?

[meguillory]

I’ve been living peacefully since I got my GC on 2001. My GC was based on marriage.
On Sep/2009 I got arrested for a DUI. I had no criminal record in the both Japan and USA. DA offered me a deferred FELONY provided 2 yrs probation, because I ran away from patrol cars when I was pulled over!

Although I faced a felony charge of eluding, my Green Card was renewed successfully last May!

My probation ended in July 6, 2012.
My probation officer told me how to expunge my case from criminal record.
My case has been still showed up since I haven’t expunge it. It shows my 4 charges which were waived and my another 2 charges, DUI and Felony Eluding which were dismissed in my criminal record. It still looks VERY bad whenever my employers do background check on me in future…

Therefore, I’d like to expunge my case!

However, my immigration lawyer says that I had better NOT expunge my case because of my immigration matter! Is that true that USCIS may command to reopen my case whenever I apply for the US citizenship 5 years later
!? I am not sure yet whether I apply for the citizenship 5 years later or renew GC 10 years later...!?

I really would like to expunge my case because of my re-employment matter!

How about reporting honestly to USCIS!? I will be able to tell the truth to USCIS that I convicted for DUI and Felony Eluding in 2009 Fall, whenever I apply for the citizenship in future… I can submit my police record & report, court record etc. and paperwork for my expungement to USCIS if I am required!

What do you think? Had I better expunge my case or NOT…!?

Sincerely,

 

[Jackolantern]

Expungement doesn't help you for immigration-related processes like green card or citizenship. USCIS can see expunged cases (with the help of the FBI), and treats them like visible cases, as if they were never expunged, and you're supposed to list expunged cases on your citizenship application.

I think that's what your lawyer meant; the expungement is a waste of time if you're doing it for citizenship purposes, because even if you expunge it USCIS will still see it and they may initiate your deportation if it's a deportable offense.

To get it off your record for immigration purposes, you would need to get it vacated (i.e. get the conviction overturned), or get a pardon from the President or your state governor.

But for other purposes like applying for jobs, getting it expunged would prevent employers from seeing it, so it may still be worth expunging for that reason.