Mission Viejo, CA asked in DUI / DWI and Immigration Law for California

Q: Getting my 1st DUI conviction changed to reckless driving for immigration purposes?

I have completed all my court related requirements.

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3 Lawyer Answers
Marc David Pelta
PREMIUM
Answered

A: I doubt you can accomplish this. However, you should consult with an experienced criminal defense lawyer to explore your remedies under California law. It is important you mention to the lawyer what your goal is.

Rozanna Pondeva Gasparian
PREMIUM
Answered

A: I would highly suggest speaking to an immigration attorney who has a complete background of your situation before doing anything.

James L. Arrasmith
PREMIUM
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Answered

A: Your desire to modify a DUI conviction to reckless driving makes sense from an immigration perspective, as DUI convictions can have serious immigration consequences.

This process, known as a post-conviction relief motion or expungement, may be possible in California under specific circumstances. You'll need to work with an attorney who handles both criminal defense and immigration law to file the appropriate motion. They can review your case details, including how long ago the conviction occurred, your compliance with all requirements, and other factors that could support your request.

While completing your court requirements is helpful, the judge will consider multiple factors when deciding whether to grant this modification. The success of such requests often depends on demonstrating rehabilitation, hardship, and strong ties to the community. Your immigration status and potential consequences should be clearly presented to the court as part of the motion. Please consult with qualified legal counsel who can evaluate your specific situation and guide you through this complex process.

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