Why an Expungement in North Carolina Courts Won’t Erase an ICE Record
For individuals navigating the criminal justice system in North Carolina, obtaining an expungement is often viewed as the final step in clearing a tarnished record. Under state law, an expungement destroys the public record of an arrest, charge, or conviction, allowing individuals to legally state that the event never occurred when applying for most jobs or housing. Because of the clear...Read MoreLarceny vs. Shoplifting: When a Property Crime Threatens Your Green Card
A larceny or shoplifting charge can lead to deportation, inadmissibility, or the denial of U.S. citizenship for a lawful permanent resident holding a green card. Under federal immigration law, theft crimes are generally classified as Crimes Involving Moral Turpitude (CIMTs) and can qualify as aggravated felonies if a sentence of one year or more is imposed. Even minor misdemeanor property...Read MoreNavigating Domestic Violence Charges and Safe Plea Bargaining
Non-citizens facing domestic violence charges in North Carolina confront severe immigration consequences, including mandatory detention, loss of legal status, and deportation under federal law. When an arrest occurs, North Carolina form AOC-CR-180 triggers a mandatory 48-hour judicial hold that provides federal authorities time to issue an immigration detainer before local bond is set. To...Read More
Navigating DWI Charges in Charlotte, Raleigh, and Asheville: Overcoming “Inadmissibility”
A Driving While Impaired (DWI) charge in North Carolina can trigger severe immigration consequences, including potential findings of legal inadmissibility, visa revocations, immigration detainers, and barriers to lawful permanent residency or naturalization. Although a standard first-offense DWI is rarely classified as an aggravated felony or a Crime Involving Moral Turpitude (CIMT), it...Read More
The Hidden Dangers of a PJC for Immigrants in North Carolina
A Prayer for Judgment Continued (PJC) in North Carolina constitutes a formal criminal conviction under federal immigration law, despite being treated as an unentered judgment by state courts. Under the Immigration and Nationality Act (INA), any plea or finding of guilt combined with court costs or state-imposed conditions satisfies the federal statutory definition of a conviction. As a result,...Read More