Florida Crimmigration Lawyers: Defending Immigrants With Criminal Histories

Yes, state-level expungements and sealed records do NOT erase criminal convictions for immigration purposes. USCIS and immigration courts will still consider these convictions when evaluating your case.

This surprises many people, but it’s a critical distinction: what works in Florida state court does not work in federal immigration court.

Why expungements don’t help:

Immigration law operates under federal rules. When Florida courts expunge or seal your record, federal immigration authorities still have access to your original arrest records, court documents, conviction records, and plea agreements.

You must disclose expunged records:

On all USCIS forms and during immigration interviews, you are required by law to disclose all arrests, charges, and convictions—even if expunged or sealed. Failing to disclose can result in denial of your application, removal proceedings for fraud, or permanent bars to reentry.

sealed and expunged criminal records can affect your immigration status. In fact, even plea bargains to lesser offences may not protect you from immigration consequences when facing criminal charges that could lead to deportation or status revocation. The USCIS often treats plea bargains involving lesser offenses as though the immigrant pleaded guilty to the original charge.

Technically yes, but traveling internationally with a criminal conviction is extremely risky and can result in being denied reentry to the United States—even if you haven’t been formally deported.

As a lawful permanent resident, you travel using your green card and your home country’s passport (not a U.S. passport, which is only available to U.S. citizens). However, having these documents doesn’t guarantee you can return

When you attempt to reenter the United States, Customs and Border Protection will review your criminal history and determine if your conviction makes you inadmissible. You could leave without issues, then be detained and placed in removal proceedings when you try to return.

Before you travel:

If you’re a green card holder with any criminal history—even if expunged, even if charges were dismissed—consult with a crimmigration attorney before making international travel plans. We can review your specific convictions, determine if you’re likely to be allowed back in, and help you apply for a waiver of inadmissibility if needed.

These are two different legal standards that determine whether you can stay in or enter the United States. Understanding the difference is crucial if you have a criminal record.

Deportability refers to grounds on which you can be removed from the U.S. while you’re already here. If you’re a green card holder living in the United States, deportability grounds determine whether the government can put you in removal proceedings.

Inadmissibility refers to grounds that prevent you from entering or reentering the United States. This applies when you’re applying for a visa, applying for a green card, returning from international travel, or adjusting status.

Why this matters:

There are MORE grounds of inadmissibility than deportability. This creates dangerous situations where you have a conviction that doesn’t make you deportable (so you can stay in the U.S.) BUT makes you inadmissible (so you can’t reenter if you leave).

A crimmigration attorney is a lawyer who specializes in both criminal law and immigration law—the intersection where criminal convictions affect your immigration status. Most criminal defense attorneys don’t fully understand immigration consequences of convictions. Most immigration attorneys don’t handle criminal cases. Crimmigration requires expertise in both areas.

What we do differently (as crimmigration attorneys):

• Evaluate how criminal charges will affect your immigration status before you accept a plea deal
• Work with your criminal defense attorney to structure outcomes that protect your green card
• Identify which convictions trigger deportation and which don’t
• Explore post-conviction relief options to fix past convictions causing immigration problems
• Defend you in both criminal court and immigration court

Yes, DUI convictions can have serious immigration consequences for green card holders and other non-citizens, though not all DUIs automatically lead to deportation.

When DUIs become immigration problems:

• Multiple DUI convictions – Can be classified as an aggravated felony
• DUI with injury – May be considered a crime involving moral turpitude or violent crime
• DUI with very high BAC – Can be treated more seriously for immigration purposes
• DUI with drugs – Combines DUI with drug offense, compounding immigration consequences

Florida Statute 316.193 governs DUI charges. Even a first-offense misdemeanor DUI can affect your ability to naturalize (the “good moral character” requirement) and can make you inadmissible if you travel and try to return.

Understanding whether you’re “inadmissible” or “deportable” can be the difference between staying in the United States with your family and facing removal. These are two different legal standards that determine how criminal offenses affect your immigration status.

INADMISSIBILITY:

Inadmissibility means you’re barred from entering the U.S. or obtaining certain immigration benefits. This standard applies when you’re:

• Applying for a visa at a U.S. consulate abroad
• Seeking a green card through adjustment of status
• Returning to the U.S. after international travel
• Applying for certain immigration benefits or relief

Criminal offenses that trigger inadmissibility include drug violations, crimes involving moral turpitude (like fraud, theft, or assault), and certain other offenses. Importantly, inadmissibility can apply even without a conviction—admissions to police, arrest reports, or other evidence may be enough.

DEPORTABILITY

Deportability means you were legally admitted to the U.S. but later committed an offense that makes you removable. Deportability generally requires an actual criminal conviction for offenses such as:

• Aggravated felonies
• Crimes of moral turpitude (under specific timeframes)
• Domestic violence offenses
• Controlled substance violations
• Firearms offenses

Real-world impact: A green card holder arrested for DUI might face deportability proceedings, while someone applying for their first green card with the same offense faces inadmissibility—requiring completely different legal approaches.

The timeline for applying for naturalization or other immigration benefits after a criminal conviction depends on the type of offense/ conviction, the sentence imposed and which immigration benefit you’re seeking.

For naturalization, most applicants must show good moral character for the statutory period. This is typically five years or three years for certain spouses of United States citizens. However, the government may review conduct outside this period if it reflects ongoing concerns.
Some convictions permanently bar a finding of good moral character, while others create a temporary bar that lasts until the period has passed without additional issues.

A conviction involving controlled substances, multiple offenses or an aggravated felony may prevent naturalization entirely.
For other benefits, such as adjustment of status, waivers or cancellation of removal, the timing analysis differs. Certain convictions trigger inadmissibility or deportability regardless of how much time has passed. Others may be overcome with a waiver if the applicant can show rehabilitation, hardship to qualifying relatives or other requirements.

Completing probation, paying fines or demonstrating sustained positive conduct may strengthen an application. However, it is important to recognize that these steps do not eliminate immigration consequences. A detailed review of the record is often necessary to determine the appropriate timing and strategy for filing.