Impact of shoplifting on naturalization

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varmapenmatsa

New Member
Hi folks,

I was arrested in Virginia more than 4 yrs ago in a shoplifting case. I pleaded guilty, served the punishment (community service) and recently had my case expunged from public records.

Now I am preparing for my naturalization. If during the interview I am asked if I was ever arrested, can I reply in negative, considering the fact that my record has been wiped clean. Or do I still need to answer yes to the question and risk a denial of my naturalization application.

Thanks all
Varma Ravi Penmatsa
 
varmapenmatsa said:
Hi folks,

I was arrested in Virginia more than 4 yrs ago in a shoplifting case. I pleaded guilty, served the punishment (community service) and recently had my case expunged from public records.

Now I am preparing for my naturalization. If during the interview I am asked if I was ever arrested, can I reply in negative, considering the fact that my record has been wiped clean. Or do I still need to answer yes to the question and risk a denial of my naturalization application.

Thanks all
Varma Ravi Penmatsa
Click to expand...

You need to answer yes even if it was sealed. I believe you may be denied on the basis of "Good moral character" if 5 years haven't passed...
 
N-400 Instructions specifically asks about arrests records that are expunged, your record is always available to Law Enforcement it may not be public, there is a expungement available that completely gets wiped out but it is only available to cases of arrests where the charges are dismissed or dropped and do not end in a conviction but even those are required to be disclosed for the purpose of filing a N-400.
 
It might be wise to wait another year so that you can get 5 clean years before filing.
 
Yes, I have to agree that it will probably be better to wait, if it is true that after 5 years these things can be overlooked. A lawyer would be the best source of advice on this. If the 5 year rule is true, it's def worth it to wait. If the rule is not real, then you should apply now.
 
Of course the 5 yr rule is real. It is, however, subjective like everything else when it comes to immigration. Grey areas are everywhere. You best wait and even still, you must answer yes to the question. Not to worry too much tho, I was in your situation with sealed records and still got my citizenship. And, I was a bad boy!
 
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