arrest & citizenship

A

angel376

Registered Users (C)
hi, my co-worker and now good friend said she was arrested for shoplifting when she was 13 yrs old, went to family court once and though she asked for a trial never heard from them again, now according to her that was about 10 yrs ago and now that she's trying to become a us citizen she does not know whether to put in to the application or not. I told her that she needed to go down to her local police station and ask about her records but she said that the officer told her that her records were sealed and no one can look at it so now i don't know what else to tell her or how to help her. she's also from new york so if anyone knows anything about this stuff please let me know.
thanks!
 
as far as i know expunged arrests must be reported. dunno about sealed records of minors. better check your records and visit the local court/Police stn
 
Interesting question.

You may want to call the 1-800 number / make an info-pass appointment and ask about sealed minor offences. One would assume that sealed records do not need be reported, especially as one can argue that he was a minor and didn't have any real knwledge about what was going on, etc.

Please report to us what they tell you.
 
Google her state's "youth criminal charges expungement" to find out how it is delt with locally. Every state hase a criminal record database, which is maintained usually in a state capital (clearly it should be the state where that offence took place). It is a standart procedure to request a "rap" sheet (a criminal record document describing charges and disposition). You mail in the application (usually found on the Internet or requested by mail from that bureau), a set of fingerprints (done at any police station), a check (around $25). After 4-6 weeks u 'll get it in the mail.

REMEMBER: For immigration purposes every criminal charge and even arrest are reportable (even sealed or expunged). When the INS runs the FBI databases the "hit" will require to be explained.
 
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Consequences of not reporting the truth...

I only make this statement from my horrific experience with past criminal activity and citizenship application. The FBI check will bring up the sealed or expunged record - the fact there was a record is an indication that some sort of unlawful activity was going on-need I say more? The point here is that lying on the application is a factor that will be used for denying you citizenship- it states on the application- I believe- to tell the truth or as much of the truth as you know it. I say this from experience.
For the record- sealed records or expunged arrests are off limits to employers and general background checks- that is-they can not see the crime or know of the crime if the record is sealed or expunged (yet if the question on an application is did you ever commit a crime? and your answer is "no" -because the record is sealed - you ARE technically lying)
Nonetheless-
It has been advised to me by a lawyer that immigration / government agencies...the FBI in this case- can actually look inside a sealed or expunged record. I believe the only time they cannot see an arrest is when there is no longer a record of it. That is- any evidence of the record is physically destroyed and therefore cannot find a record of an incident.
Tell the truth. They will most likely deny you citizenship if they find out you lied than if they find out you committed a petty crime many years ago. Have a lawyer with you on your interview.
Good luck!
 
wise words from mnnyc,

Be as truthful as you possibly can with the government. Can you put a price on 'Peace of mind ?"
 
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