misdemeanor question...

[artimas]

Hi,
I was arrested once 15 years ago, when I was F-1 student, for a petty theft incident (shoplifting). I did plea-bargain with court whereby -within 3 mo.s of the incident- I did 40 hours of community service in lieu of which all charges were dismissed. I have original copy of arrest record; this was obtained 5 yrs ago (when I applied for GC) where the dismissal is noted (i.e., there is no conviction).

I will, of course, declare this incident in the application. But if anyone knows if this constitutes a material impediment in citizenship appl, or have other words of advice, please let me know soon. I am getting ready to file N-400 in about 2 weeks time. Thanks

[artimas]

Just wondering, if any one with some experience/knowledge could share any thoughts?

Thanks

[curiousone]

Hi,
I was arrested once 15 years ago, when I was F-1 student, for a petty theft incident (shoplifting). I did plea-bargain with court whereby -within 3 mo.s of the incident- I did 40 hours of community service in lieu of which all charges were dismissed. I have original copy of arrest record; this was obtained 5 yrs ago (when I applied for GC) where the dismissal is noted (i.e., there is no conviction).

I will, of course, declare this incident in the application. But if anyone knows if this constitutes a material impediment in citizenship appl, or have other words of advice, please let me know soon. I am getting ready to file N-400 in about 2 weeks time. Thanks

Although It does involves a crime of moral turpitude but since there was no conviction, I dont think it should stop you from getting citizenship

[artimas]

OK. Thanks.

[tim50]

Deffred case - any problem to retun to india...for non imigrants

I took some items worth $177 from walmart.

when I were leaving, we got detained and security took us and cuffed us.

they wrote up a report and took my picture and the police came, re-cuffed me and took me to jail.
I got bail on bond by promise to apear in next 10 days.

i'm really shocked, confused and mad at the same time. this is our first time being caught and i

have no idead what is going to happen to me.

one of the officer said since this is our first time offense, its like a slap on the wrist and the

worst that can happen to us is a fine.

i dont know wheter to plead guilty, not guilty or no contest. i've read its best to plead not guilty

or no contest but i was wondering how should i back it up?

i'm really worried about this being on my record. so far i've heard about infractions and diversion

programs and community service, but are we even qualified for that?

i've also heard its best to find a public defender and a lawyer. does it cost anything for the

service of a public defender?

I am from India. How soon I can return to india. Will it create any problem ? IF I got a deffered judgement and want to india, will airport persone stop me. ?

I am not concerning about my comeback to USA again. I don't want..

A guilty plea counts as a conviction with potential

immigration consequences. There are also other possible arrangements, such as "probation before

judgment," that may not be considered convictions under state law, but are convictions under U.S.

immigration law.

Any help will be highly appreciated.

[knowledgeable]

Artimas - you're ok

Artimas - you're ok. Make sure you have all your original documents of the incident, especially the last ones.

Do read the Naturalization guide from USCIS.

Good luck.

[artimas]

passed interview and got naturalization certificate

My citizenship interview was yesterday (in Newark, NJ) and everything worked out fine.

At the interview the interviewer went over the details of the n-400 application; when she came to the arrest related questions... I answered "yes I was arrested once on account of a stupid thing that i did 15 years ago, and which i still regret very much to this day."

I then showed her the court certified copy of the arrest record and disposition (both were within same two-sided document). The arrest record (i.e., the incident i was charged with) on the front-page shows "stole merchandise valued at under $200. And the disposition (the outcome of the charge) on the back-page showed "charges dismissed."

She then asked me point blank, what I stole (tried to steal)? I said, a few CDs. She then asked how did I manage to have the charges dismissed, if I was guilty/arrested? I pointed to the back-page where under the disposition of "Charges Dismissed" was a section which said "40 hrs of CWS performed." And I explained to her that the district court appointed attorney offered me a plea bargain which involved a dismissal of all charges (i.e., no conviction) provided I performed 40 hours of comunity service within a 1-year (probationary) period. I went on to explain that I completed the requirement by working 40 hours at a Salvation Army store within 3 months of the plea-bargain in lieu of which all charges were dismissed. She appeared satisfied with that explanation.

So moral of the story - Don't get arrested! But if you do find yourself in a similarly difficult/embarassing situation then:
1) Whenever possible, make sure to do what needs to be done to get charges legally dismissed
2) Keep all documentation
3) Recall and state the correct sequence of all events accurately/truthfully and methodically
4) I suppose it helps to allow enough time to elapse (in my instance it was 15 years); but I guess it would be advisable to not pursue naturalization while you're still on probabtion.

Good luck.

[knowledgeable]

*** Congratulations ***

*** Congratulations ***

[RayN400]

-citizenship interview pending-----WORRIED

Dear Artimas and All,

I have a very similiar situation like Artimas, and I went to my citizenship interview last week, passed everything, but i got this from USCIS in San Francisco,CA:
-"USCIS will send you a written decision about your applicaiton"

The officer told me that he need to get his superviosr to approve this whenever there is a record (but he understand that my FBI record is clean-"no record"...)
(since this is expanged)

He told me not to worry about it, but if so, why can;t he just put "congratulation, your application has been recommended for approval...."

My weekend is ruined because i really can't stop worrying about what is going to happen .....

I am so worried and upset that becaue of my honesty, i may have put my pening citizenship application in danger...

Please advise
Please advice
Ray

[artimas]

RayN400,

I am not an expert at all such general cases involving arrest records, but per the instructions on the n-400 application I think one is expected disclose the arrest record (& court disposition) even if the incident has been expunged from your records.

Did you admit to an arrest record in the n-400 application, and at the interview?

Do you have accurate/official records of charge dismissal (if there was no conviction)?

Do you have documentation of 'expungement' of this arrest record?

In a court of law and in the eyes of the USCIS, I'm not sure what supersedes an assertion of compliance with the law -- the expungement (so no need to disclose arrest details)?; or the actual arrest incident (even if it has been expunged)?.

[RayN400]

Thank you for the reply, Artimas!

Here are my answers to your quesations, still no words from USCIS .....

Did you admit to an arrest record in the n-400 application, and at the interview?

Answers:
Yes, both.-(I was not arrested, only charged)Disclosed to n-400 and the USCIS interviewing officer.

Do you have accurate/official records of charge dismissal (if there was no conviction)?

Answers:
no conviction, and a print out from court computer screen, provided by the publich defender back in 10 years ago.

Do you have documentation of 'expungement' of this arrest record?

Answers:
I told interviewing officer that is it expanged, but he told me not to use that word again as people maay think i was convicted.....(i failed to tell him that in my state, expangement only applies to non-conviction cases)

[hopeful_always]

To Artimas and RayN400

Hi Artimas and RayN400,
I need your help. I am exactly in the same boat. Artimas congrats to you and RayN400 it seems you are just getting done with Naturalization.

I have exactly similar story. 6 years back I was charged by a local store. There was no arrest by the police. Did have to go to court. Court gave probation and charges were dismissed.Court document clearly says "....plea of not guilty be entered;and that the complaint be and is hereby dismissed....".There was no conviction.

I have two questions:
(1) What do I write for the following in the N400 form? Please advise what to write for yes/no based on your experience

[16] Have you ever been arrested, cited or detained by any law enforcement officer ? Yes/No
[17] Have you ever been charged with committing any crime or offense ? Yes/No
[18] Have you ever been convicted of a crime or offense ? Yes/No
[19] Have you ever been placed in an alternative sentencing or a rehabiltative program ? Yes/No
[20] Have you ever received a suspended sentence, been placed on probation or been paroled ? Yes/No
[21] Have you ever been in jail or prison ? Yes/No


(2) Also what exactly is the list of certified copies I need to attach with the Citizenship application.
From reading the form and artimas explanation, I will attach the charge document and the official court document that says "Charge Dismissed". Anything else I need to attach ?

Please advise at your earliest convenience
-hopeful

[natasha2b]

Misdemeanor charge, served time

If you had been arrested for possesion of a knife (10mm) and received a misdemeanor charge for that and served time, does this count against you to get citizenship?

[ak99]

misdemeanor

Its time for me to apply citizenship.I was arrested for misdemeanor cases 5 years ago for selling alcohol to minor.I was on probation for 6 mths and did 80 community hrs services and paid some fines.I need help in filling these questions...have you been arrested?yes/no
have you been charged with commiting any crime or offense?yes/no
have you ever been convicted of crime?yes/no
have you ever been placed in an alternative sentencing or rehabilating program?yes/no
have you ever receives a suspense sentence,been placed on probation,or been paroled?yes/no
have you ever been in jail or prison?yes/no

I am putting yes on all of 'em except no for have you ever been placed in an alternative sentencing or rehabilating program?
please advice if i am incorrect
Also I have a document saying plea:nolo contendere and plea bargain of 6mths and 200 dollar fine,,so do i say yes/no to have you been charged with committing any crime or offense?

Please advice.

Thanks