Expungement And Residence

[ChangedWays]

I have a conviction (USA) for cultivating 4 marijuana plants. Unfortunately in my state it left me with a felony record. The good news is it is in the process of being expunged now. I recieved a Non-O visa with no problems and have extended it 2x based on employment. In the near future I would like to apply for PR status, but would like to know if an expunged conviction will prevent me from gaining it? It is my understanding that it will no longer show up on state or fbi background checks once the process is complete. I served probation only, no jail/prison sentence. If it does show up, will I have any problems especially with my current extention status? Also, if it doesn't show up on the background check I submit, will immigration have access to the "non" public files at the fbi? Thanks

[ubonjoe]

If it does not show up on the crimminal background check you will not have a problem.

[Mario2008]

The reason they ask you for the background check is because they don't have access to police/FBI files.

[gpdjohn]

Unless you were growing and caught on US federal property, the FBI would not have a/ or keep a record of your conviction anyway.

The state in which you were convicted would only have that record.

And if even "expunged", there will still be an arrest record, with a SID/FBI number attached, which is never "expunged".

Thai govt. officals have no authority to access FBI and or state criminal records.

What do you mean by "expunged"?

Where you in a diversion program which after probation, with no further troubles, it was reduced from a felony?

Your arrest record will never go away.

[ChangedWays]

Unless you were growing and caught on US federal property, the FBI would not have a/ or keep a record of your conviction anyway.

The state in which you were convicted would only have that record.

And if even "expunged", there will still be an arrest record, with a SID/FBI number attached, which is never "expunged".

Thai govt. officals have no authority to access FBI and or state criminal records.

What do you mean by "expunged"?

Where you in a diversion program which after probation, with no further troubles, it was reduced from a felony?

Your arrest record will never go away.

I was convicted in state court, so no federal charges were lodged. I was sentenced to felony probation, no diversion was granted. I had to wait 3 years before applying for the expungement. However, my attorney had me get a state and fbi background check to confirm that no other indictments/convictions/wants/warrant exist. In the state where the expungement was sought, one must be a first offender with no other convictions or pending indictments. According to my lawyer, any conviction in any US jurisdiction will show up on the fbi report. When the expungement is granted, the sentencing court will contact the arresting agency to remove all records of arrest and conviction. Furthermore, the state BCI will do the same and forward a request to the fbi to remove the arrest and conviction from their records as well.

I was advised that there will always be a "record" of arrest and conviction, but it will only be available to law enforcement and certain state agencies that issue professional licenses. The expungement, per state statute, will allow me to state that I was never arrested or convicted and deny that the events ever took place.