Applying for Citizenship Infracton on record

[zimi]

Back in 2002 my wife was accused of shoplifting and was cited with a misdemeanor ( Ca PC 484-488). She was not arrested. We hired a lwyer to fight this accusation but after DA offered to reduce the charge to Infraction if she pleads "no contest' and pays $135 fine. Which she did.

We are now eligible for Citezenship and need some advise on how to comple the applicaiton from and what info should be provided.

My understanting is that certified copies of arrest record and cour disposition is required, should she also write up an explantion telling her side of the story?

How to answer these two question
15. Have you ever commited a crime or offense for which you were NOT arrested?

16. Have ever been arrested, cited or detained by any law enforcement officer for any reason?

Does #16 also apply for traffic citations?

Thanks!

 

[WBH]

15. Have you ever commited a crime or offense for which you were NOT arrested?

This is intended for a crime government never knew. Here "arres" should be understood in its widest defitnion.
So your wife should answer No.

 

[Bobsmyth]

Back in 2002 my wife was accused of shoplifting and was cited with a misdemeanor ( Ca PC 484-488). She was not arrested. We hired a lwyer to fight this accusation but after DA offered to reduce the charge to Infraction if she pleads "no contest' and pays $135 fine. Which she did.

We are now eligible for Citezenship and need some advise on how to comple the applicaiton from and what info should be provided.

My understanting is that certified copies of arrest record and cour disposition is required, should she also write up an explantion telling her side of the story?

No need to write up a letter explaining her side of story since you may end divulging more than you need to. What you may want to provide instead is a letter prepared by immigration lawyer detailing the charge and conviction in legal terms. Also, you might want to consult an immigration lawyer to see if pleading no contest to a lesser charge would still be seen as a conviction to original charge (petty theft misdemeanor, which in some cases can be a CIMT) under immigration law.

How to answer these two question
15. Have you ever committed a crime or offense for which you were NOT arrested?

She committed the crime of shoplifting, but wasn't arrested so the answer would be YES. Either way, your wife's conviction would come to light no matter how you answer this question.

16. Have ever been arrested, cited or detained by any law enforcement officer for any reason?

Does #16 also apply for traffic citations?

Yes, although they are specifically interested in ones involving DUIs or more serious charges.

 

[WBH]

I believe Question 15 is a complement of Question 16 in case of a crime or offense.

You don't have to answer Yes to both Q 15 and Q 16 for the same offense.

Question 15 should be rephrased as

15. Have you ever committed a crime or offense for which you were NOT arrested, cited or detained by any law enforcement officer?

Arrest can be interpreted as deprivation of freedom to move for an offense even it occures very temporarily and on public place.

 

[zimi]

Sorry still not clear on

15. Have you ever commited a crime or offense for which you were NOT arrested?

16. Have ever been arrested, cited or detained by any law enforcement officer for any reason?

For my wife the anwer to both 15, 16 would be Yes, right? She was not arrrested, just cited.

 

[Bobsmyth]

Yes to both, as she was cited and also committed the crime.

 

[WBH]

Yes to both, as she was cited and also committed the crime.

I don't think his wife needs to answer Yes to Q 15. A Yes to Q 16 is enough

 

[Bobsmyth]

I don't think his wife needs to answer Yes to Q 15. A Yes to Q 16 is enough

How do you figure that since OP's spouse committed shoplifting but wasn't arrested for it. It's very common to be charged with something but not be arrested when they are satisfied that you will agree to appear in court to face the charge.

 

[WBH]

How do you figure that since OP's spouse committed shoplifting but wasn't arrested for it. It's very common to be charged with something but not be arrested when they are satisfied that you will agree to appear in court to face the charge.

I believe the original intent of Q 15 is for those crimes offenders got away
even without being cited. The word "been arrest" in Q 15 just mean "be caught".

 

[Bobsmyth]

I believe the original intent of Q 15 is for those crimes offenders got away
even without being cited.

The wording of the question is not limited to crimes you have committed but for which you were never caught.

The word "been arrest" in Q 15 just mean "be caught".

How do you come to that conclusion? Arrest is an arrest. Being caught is another issue. If that was the intention of the question it would have read "Have you ever committed a crime for with you weren't caught" Again, you can be charged with a crime and not be arrested.

 

[WBH]

The wording of the question is not limited to crimes you have committed but for which you were never caught.

How do you come to that conclusion? Arrest is an arrest. Being caught is another issue. If that was the intention of the question it would have read "Have you ever committed a crime for with you weren't caught" Again, you can be charged with a crime and not be arrested.

The wording of many questions are not clear. Just like you interprete
"jail or prison" in "Have you ever been injail or prision" as jail or prision
as part of sentence while other think as long as one is locked up in jail
or prision before the charge is filed then one is in jail.

 

[Bobsmyth]

The wording of many questions are not clear. Just like you interprete
"jail or prison" in "Have you ever been injail or prision" as jail or prision
as part of sentence while other think as long as one is locked up in jail
or prision before the charge is filed then one is in jail.

That still doesn't explain why you think the question is limited only to crimes or offenses one committed without being caught (ex: shoplifting and getting away with it).
Think about it, what would be the incentive for someone to answer YES to this question for a crime they committed but for which no one ever found out about?