Arrested - but charges dropped

J

js88088

Registered Users (C)
Friends - I've seen multiple posts on this topic, but nothing that described my situation. I'm posting to see what advice I can get from this forum.

I have had a GC for 6 yrs now. Two yrs ago - wife and I got in a fight and she called the police. I was arrested, taken to the police stn and charged with a simple assault. I did not spend any time in jail - but was detained for 2 hours while they processed the arrest.

However, the prosecutor/judge chose not to file charges, and the case was dismissed. I then had this incident expunged from my record.

I am now thinking of filing my N-400 - and will probably hire a lawyer. I wanted to hear opinions from this group on my situation - what do you all think the degreee of risk here is? What is the worst that could happen?

Thanks in advance!

JS
 
You'll need to declare it on your application, even if it was expunged from your record. However, since charges were never pursued and I assume you never entered a plea in court, the charge doesn't go against you in determination of GMC. Bring your certified court document showing the charges were dropped to the interview.
However, if you did enter a guilty or no contest plea then the charges may be an issue for GMC determination.
 
As Bobsymth said, if no charges were pressed against you and there was no court judgment against you (adjudication of guilt, probation, etc) then you don't have to fear anything.

But if you are not sure, then consult an immigration attorney to get real advice and peace of mind.

From what you have mentioned, it seems that there were no charges pursued by the state and hence you will not have any issue getting the US Citizenship.

Thx.
 
Jackolantern,

How can an individual plead guilty or no contest, when the charges itself were dropped?
 
Bobsmyth,

I had DV charges against me for which I received adjudication of guilt from the court Judge in 2003. Now (in 2009) I got the earlier case vacated. The state filed "Nolle Prosse" on the old charges.

Can USCIS still deny me US Citizenship? If so, on what basis? Also I would like to know the difference between the charges getting dropped and Nolle Prosse.

Thx in advance.
 
A conviction under immigration law is different from a conviction under criminal law. Under immigration law, a guilty or no contest plea along with a sentence (ex: jail time or probation) equates to a conviction.
Since your initial conviction falls outisde statutory period for naturalization purposes, you should be fine. However, since DV is potentially a deportable offense it would be a good idea to have an immigration lawyer specialized in criminal law to go over the specifics of your DV charge to determine if you are at risk.

Dropped charges are a result of nolo prose, just like a sentence is the result of a conviction.


http://www.murthy.com/news/n_convic.html
 
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