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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23516
Experience:  Active member of the NYS bar since 1989
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My name is ***** ***** and I am 18 year olds and I just

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Customer: My name is ***** ***** and I am 18 year olds and I just recieved a citation for minor in consumption. How hard is it to get that off my record? And WIll my car insurance premium be affected by it?
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Submitted: 11 months ago.
Category: Legal
Expert:  Zoey, JD replied 11 months ago.

Hello,

Is this the first time you've been in difficulty with the law? In what US state were you cited for this offense? Were you breathalyzed?

Customer: replied 11 months ago.
it is. In Texas and yes I was.
Customer: replied 11 months ago.
I am a permanent resident whose citizenship is in process. will that be affected by this citation at all?
Customer: replied 11 months ago.
I have gotten a illegal left turn citation before which I got out of my record by doing defensive driving.
Expert:  Zoey, JD replied 11 months ago.

Hello,

The moving violation is a traffic infraction. Being a minor in consumption is a Class C misdemeanor in Texas, which is a criminal offense.

According to Sec. 12.03(c) of the Texas penal code, a conviction for a class C misdemeanor doesn't impose any kind of criminal or legal liability on the offender. So a conviction would not appear in the state or Federal criminal data base. By that I mean, there would be a copy of your case and the conviction filed with the court, but the conviction should not show up on a state or federal background check.

Nevertheless, it is a public record and could be found, so if you are convicted of it, you would have to disclose the matter to Immigration, and yes, a conviction could delay your citizenship.

However, you would be eligible for a diversion disposition. A diversion offer involves a period of supervision along with up to 12 hours of community service, a 30-day suspension of your driver's license, fines and anti-alcohol classes/treatment/counseling, if appropriate. You'd also be required to stay out of further difficulty with the law. If you complete your diversion successfully, the case would be dismissed and could be expunged from your record. Immigration does not consider a pre-trial diversion opportunity as a conviction. You can see this here

Just because you are eligible for diversion doesn't guarantee it, and because you are not yet a citizen, this case -- which is very minor for a citizen -- has more serious consequences for you. So you should involve a lawyer, just to ensure that your rights and status are protected best. If a lawyer gets on this right away, he could likely get you the diversion opportunity, which is the very next best thing to an outright dismissal of the charges.

Customer: replied 11 months ago.
Would it affect my car insurance premium ? And by period of supervision,do you mean probation?
Expert:  Zoey, JD replied 11 months ago.

Minor in Consumption is not a driving offense, so it shouldn't affect your insurance. However, Texas doesn't want minors who drink to be able to drive, so your license would be suspended as part of a conviction for this crime whether a car was involved or not.

Yes, I mean community supervision by the department of probation. It's not the quickest and easiest way to get rid of this case, but it's the one that gives you a chance to get it off of your record.

Customer: replied 11 months ago.
Does it depend on the judge on what kind of punishment I get ? and what kind of things should I say to the judge to be more linient towards my case?
Expert:  Zoey, JD replied 11 months ago.

No, it depends upon the DA. If he gets you diversion, you won't have to see a judge at all. You should have a lawyer, as there are immigration consequences for you if this is handled wrongly.

Customer: replied 11 months ago.
how can it go wrong?
Expert:  Zoey, JD replied 11 months ago.

Because if you end up with anything other than a diversion disposition, you can delay your ability to become a citizen for the next 5 years because that's the minimum of time that Immigration looks at your record to find lack of moral character.

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