Charges nolled (AKA dismissed) - will I be deported?

G

GhostRider

Registered Users (C)
Little background: Permanent resident since December 2000 based on marriage to a U.S. citizen. (We have one child). Back in 2003, I was arrested following a road rage incident, during which I pulled a baseball bat out of the trunk to draw the attention of the other car's passenger who was threatening to harm my wife. I never used the bat, didn't even swing it. As soon as he saw the bat, he left my wife alone, and I put the bat back in the car.

Long story short, both the other guy and I were charged with Breach of Peace 3rd degree (misdemeanor) and in addition, I was charged with a weapon in motor vehicle charge.

I hired a criminal layer, appeared in court and the prosecutor agreed to nolle the case (AKA dismissed it), without any probations or alternative sentencing.

I have official court dispossessions showing that the charges have been dismissed. In addition, I also have an official record search result from my state police, which states that no criminal record exists. To top it all off, I've also requested my driving history from my state's DMV, which shows no driving history.

It's been almost 6 years since the incident, and I have finally gathered enough courage to apply for citizenship. I've consulted an immigration lawyer who examined the documentation (dispossessions of dismissal), and he doesn't see any problem with it. He says that since everything was dismissed without any alternative sentencing/probation, I shouldn't have any problems applying and receiving my citizenship. Can anyone here share his/her opinion on this matter? Is there anything the immigration lawyer may have missed? Being temporarily denied is one thing, but being put in deportation proceedings is a whole different nightmare. :eek:
 
If you have the court dispositions, all you need to do is disclose it on your n-400 and also when being interviewed and that is end of it.
You shouldn't have any problems after 5 years.
 
GhostRider, I will transfer your thread to the US Citizenship Forum, you will get lots of feedback there....
 
It's a fundamental premise that you are not guilty of a crime until you've either admitted guilt (for example by pleading "guilty" or "no contest", or accepted a plea bargain), or been found guilty by a jury or equivalent. Therefore, if a case is truly dismissed then it can't be held against you. It is however vital that you fully disclose any arrests and citations on your N-400 or you could be permanently barred from citizenship for apparent immigration fraud.
 
dms1 said:
It's a fundamental premise that you are not guilty of a crime until you've either admitted guilt (for example by pleading "guilty" or "no contest", or accepted a plea bargain), or been found guilty by a jury or equivalent. Therefore, if a case is truly dismissed then it can't be held against you. It is however vital that you fully disclose any arrests and citations on your N-400 or you could be permanently barred from citizenship for apparent immigration fraud.
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Thanks guys.

I have absolutely no desire to hide anything. Everything will be disclosed on my N-400. I'm just concerned about the ramification of the arrest and wanted to know what your thoughts were.

I will be back later on today with some scans of the dispossessions so you can see it for yourself and eyeball it for me. :)

Thanks again.
 
GhostRider said:
I will be back later on today with some scans of the dispossessions so you can see it for yourself and eyeball it for me. :)
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No need to show us those private details. You didn't admit guilt, the case was dismissed without giving you probation or any penalty, and the incident is more than 5 years ago. Just disclose it on the N-400 and bring the court disposition to the interview and you'll be fine. And don't volunteer any details to the interviewer; just say the case was dismissed and show them the disposition if they ask for it.
 
GhostRider said:
Nah, no worries. I'll make sure to cross off any personal information. I'm just very curious to know what you guys think of the documentation I have to provide for the INS. :)
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I would remove any specific details of your arrest case from this board and any other. You never know who's watching.
 
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