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did I sufficiently disclose my criminal record?

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  • did I sufficiently disclose my criminal record?

    When I filled out the application for naturalization, I listed the two arrests that appear on my record (charges dropped, both times). I did not list an arrest that has been expunged, but I did include it with the paperwork from my other two arrests, which I submitted to INs with my N-400. Was that sufficient? If not, what should I do? My interview is next month.

  • #2
    When I filled out the application for naturalization, I listed the two arrests that appear on my record (charges dropped, both times). I did not list an arrest that has been expunged, but I did include it with the paperwork from my other two arrests, which I submitted to INs with my N-400. Was that sufficient? If not, what should I do? My interview is next month.

    Comment


    • #3
      I am not sure about the situation. But it seems to me that as long as you attached the paperwork you are not hiding anything. So, it should not be a problem in terms of you trying to "conceal" the fact.

      Comment


      • #4
        I'm sure you won't have any problem, but my advice to you is, before you swear or when you just get in the room, let them know that you have an expunged case, which you included the paper.
        Be honest with them, they have all what they need to know in the FBI file. Since the case was dissmissed, you have nothing to worry about. Just be truthful and good luck.I'm gonna have my interview within few months from now, and I do have similare case but I was found not guilty by jury for assulting a police officer.
        plz let us know about the outcome of your interview if you don't mind. thanks

        Comment


        • #5
          WOrried,

          Interetingly I am in the EXACT same position as you but MAYBE a bit worst. I am not sure if my record is expunged or not so how can I find that out? I plead "FIRST OFFENDER ACT" for some crap I got into college and hear two VERY DIFFERENT things about the act. 1. Your record gets expunged automatically after probation period compalted successfully and 2. Your record does NOT get expunged automatically you have to get them to. BOTH comming answers from different LAWYERS!!

          How did you get your record expnged? How did you confirm? Please share as that would be VERY helpful to me.

          Thanks.


          KL

          Comment


          • #6
            kellne,
            you should apply for your record to be sealed with the court

            Comment


            • #7
              Guest is right, you have to go to court and ask for your files and a form that you will need to apply for expunge or seal your case. I didn't bother to do for my case since I'm proved inoccent by jury and God bless the truth.

              Comment


              • #8
                State expungements for rehabilative purposes have no effect on immigration relief (say, if you got it "automatically" or "applied" for expungement after a certain period of time, probation, or condition).

                So far the only exception is a substance abuse - drug - offenses that falls under the federal "first offender act") (see partial overruling case of Roldan vs. INS @ Shusterman.com).

                The first poster's two arrests with dropped charges shouldn't pose a bar to naturalization (could be only a temporarily bar to establish "good moral character", depending on when it happened).

                What was the last arrest for? And if you got it "expunged" there must have been a conviction (which may be a disqulafying factor for naturalization if it
                1. isn't for a "first offender drug conviction"
                2. a more serious thing (180+, aggravated felony charge etc.)

                Good luck!

                Comment


                • #9
                  After these cases are over, you should have got CERTIFICATE OF DISPOSITION from the Court. If you have not got that still you can go to the Court and ask for Certificate of Disposition. From these Certificates only, you can find out the final outcome of the case. While going for interview take these certificates with you. If the cases were dismissed or dropped, there should not be any problem. If you have an Attorney, show these certificate to the Attorney and follow his/her advise.

                  Comment


                  • #10
                    Hanbal,

                    Need a little clarification from you on this. My record was EXPUNGED according to an attorney who went to court and DA office to get copies of my record. It was a false insurance issue, a FELONY, and I was fined and probation more then a year. Now since it was EXPUNGED, does that have any effect for immigration purposes or I am pretty much screwed? This was about 5 yrs back if not more and now I am married to a USC and applying for citizenship.

                    Anyone who can help with some info. would be great. We all make mistakes when we are young and stupid. I made one as well so take it easy on me


                    KLN

                    Comment


                    • #11
                      Umesh, when you fill out the application for naturalization, and you answer "Yes" to the question whether you have been arrrested/charged/indicted/convicted, do you need to attach some kind of explanation as to what the charges were about? If yes, what do you have to include for a charge you may have? Or just for what the charge was about (perhaps statute section under which convicted?) and how the case was resolved (supervision/conviction/dismissal) What about the Certificates of Dispositions you mention -- they have to be submitted to the Immigration on the day of your interview or from the very beginning?

                      Comment


                      • #12
                        A copy of Certificate of Disposition should be sent alongwith N-400 when you apply for Naturalization. A certificate of Disposition is a final outcome of that case and other changes which were labels against you does not matter. It will mention the charge you were convicted with.
                        Good luck.

                        Comment


                        • #13
                          And if a case is not yet resolved when you file for AOS?

                          Comment


                          • #14
                            To When There's No Certificate Yet:
                            Then the person should send a letter from his/her Attorney about the status of that case. INS will not adjust status until the case is over. If they had scheduled interview, then they will reschedule it.
                            Good luck.

                            Comment


                            • #15
                              In a separate sheet explain briefly what you were charged with, at what stage the case is, and if resolved how it was resolved. They may ask you additional questions at the interview.

                              Comment

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