My husband was detained for shoplifting (<$250 Class A misdemeanor, sent home with court date) in 2002, completed diversion, and had records expunged.
In the following decade, we made several trips out of country with no issues.
We had a relapse in Oct 2015, and he was caught shoplifting again (>$500 which is currently a Class D Felony, taken to county detention center, released on own cognizance), reduced down to a Class A misdemeanor in court, prosecutor recommended diversion, completed within a month, and had records expunged. We were worried he wouldn't be eligible for diversion since it's a one time pass, but they recommended it, so we didn't argue
I guess their internal records had been purged in the ensuing 13 years?
We went overseas this year in March, and on our return he was 'detained' at Chicago O'Hare. They said the computer had something on him, and asked him to tell them the truth, and he did tell them about both times, and that he had finished diversion. They let him go after about 30 minutes.
I wish I had applied for his citizenship before this second incident, but it's too late now. I started filling out an N-400 last week, saw the questions on the form regarding the detentions, and diversion, etc., did some homework (including forums on this website), and decided to wait 4 more years to apply - is that that right decision?
My second question is regarding going overseas this summer; is there a chance that he might be detained again? I wouldn't want to chance a more serious outcome of the detention if there is a chance of getting flagged again; can you be flagged on return a second time, even if you have been allowed in before?
* I have the paperwork from this latest incident, but for the life of me I can't find paperwork from the first incident. Should I contact the county to get that together even if I'm not applying right now?
Thank you so much in advance.
In the following decade, we made several trips out of country with no issues.
We had a relapse in Oct 2015, and he was caught shoplifting again (>$500 which is currently a Class D Felony, taken to county detention center, released on own cognizance), reduced down to a Class A misdemeanor in court, prosecutor recommended diversion, completed within a month, and had records expunged. We were worried he wouldn't be eligible for diversion since it's a one time pass, but they recommended it, so we didn't argue
I guess their internal records had been purged in the ensuing 13 years?We went overseas this year in March, and on our return he was 'detained' at Chicago O'Hare. They said the computer had something on him, and asked him to tell them the truth, and he did tell them about both times, and that he had finished diversion. They let him go after about 30 minutes.
I wish I had applied for his citizenship before this second incident, but it's too late now. I started filling out an N-400 last week, saw the questions on the form regarding the detentions, and diversion, etc., did some homework (including forums on this website), and decided to wait 4 more years to apply - is that that right decision?
My second question is regarding going overseas this summer; is there a chance that he might be detained again? I wouldn't want to chance a more serious outcome of the detention if there is a chance of getting flagged again; can you be flagged on return a second time, even if you have been allowed in before?
* I have the paperwork from this latest incident, but for the life of me I can't find paperwork from the first incident. Should I contact the county to get that together even if I'm not applying right now?
Thank you so much in advance.