Does the 5 Year Good Behavior restart with conviction?

Tona

New Member
My wife got her permanent green card in 2005 due to her marriage to me. Last day of 2013 she was arrested for retail theft (for a really screwed up reason). She went through an alternative sentencing program for 9 months and the charges were dropped and record expunged. We are about to file for her citizenship but we are worried about the good behavior period thing. Since she has had her green card for over 8 years before the legal problem does this help or does the arrest reset the good behavior clock and would it be better to wait until 5 years after the expungement of the record. Any advice would be helpful.
 
5 years from date of sentencing. They don't care about expungement. The time period prior does not count either. It's 5 years from the date of conviction/sentencing.

As for shoplifting it may or may not be a CIMT.

Her 9 month "alternative sentencing" might be an issue, maybe not, as it wasn't an actual "imprisonment"

Here is an "opinion" of shoplifting and CIMT from an immigration attorney.

"Although retail theft is often an impulsive act, that does not make it any less deliberate in the eyes of the law. Even when the charge only reaches the level of a misdemeanor, retail theft is almost always considered to be a CIMT. In order to be eligible for naturalization, an applicant cannot have been convicted of a CIMT within the last five years. However, there is one exception to this rule that may apply to an applicant who has committed only one CIMT in his or her lifetime if the crime is considered to be a petty offense.

A petty offense is defined as a crime meeting two very specific conditions. First, the maximum possible penalty for the crime in the state where it occurred must not exceed a year of imprisonment. Second, if the offender was actually convicted and sentenced, the actual term of imprisonment given (even if suspended by the court) must not exceed six months.

The petty offense exception does not apply to someone who has been convicted of more than one crime involving moral turpitude, even if only one of the CIMTs was committed during the past five years. However, an applicant who has committed more than one petty offense, only one of which is a CIMT, may still be eligible for the exception as long as both criteria are satisfied."
 
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