Questions and Answers

Q: Applying to become US citizen, with a expunged shoplifing arrest (NOLLE PROSEQUI). seeking advices: I asked this last time, here is some additional info: ( I am graduating college this yr and trying to apply a government job) i am a green card holder, applying to become a citizen, i was caught taking a shirt(<$100) from my workstore 2 yrs ago, CITED and the state's attorney dismissed the case before the trial when i agreed to work 60 hrs of volunteer service. all records were expunged after that. regret it very much, wish i have never done that and i am not going to do again. here are the questions 1.do all theft considered a CMT? in mycase is it acceptable to USCIS? 2. should I apply right now? or should I wait? 3. i asked a law school buddy, he told me there's "petty offense exception"? 4. if apply, how can i get a Certificate of Disposition after all my records were expunge

Posted about 1 month ago in Immigration


A: Ashima's answer: You may have entered a guilty plea that was dismissed but that may still be a conviction for immigration purposes. Your friend is right about the petty offence exception. You should be okay but be truthful in your naturalization application as even expunged records can be used for assessing good moral character. A person convicted of a petty offence will not be barred from a finding of good moral character unless sentenced to a term of imprisonment in excess of 6 months. Laryes v. U.S. 300 F Supp 2d 404 (E.D.VA 2004). Regarding obtaining certificate of disposition, contact the Court. If they cannot provide you may want to provide USCIS the documents you may have indicating that the case was dismissed and expunged.