Expungement of Misdemeanor reckless speeding

[troubledimmi]

Hi. I got a reckless driving charge in VA, (i am a pennsylvania resident, first time offense), and was found guilty in court (misdemeanor), fined and license suspended in VA for 30 days. Is it possible to expunge this record? Also, will it affect my H1B stamping? Please help!

 

[Michael Wechsler]

Expungement is an option that is only available under certain circumstances and I don't believe that it is available in Virginia under your set of circumstances. And if it was/is, you can expect not to have it granted immediately as it is usually within the discretion of a judge. Criminal convictions, even misdemeanors, usually cannot be wiped away from the public record so easily. With regard to an H1B visa, I do not believe that this is a "crime involving moral turpitude" or "crime of moral turpitude" (frequently abbreviated as CIMT or COMT.) My understanding is that crimes that go to the essence of one's moral character, such as robbery or manslaughter, are of the type of crimes that will be weighed by the United States Citizenship and Immigration Services with regard to your visa. Section 212(a)(2)(A)(i)(I) of the Immigration and Nationalization Act are what covers such conduct.