Citizenship eligibility

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elvla2

New Member
Hi

Back in 2006 to be exact August, I had a Felony grand theft 3rd degree, my case was expunged, and it was closed as nolo contendere. My question is am I eligible to become an US citizen, since that day I haven't had any more problems, been working, good behavior, no more problems.
 
even if the case has been expunged for public, USCIS can see it and deny N-400 application. You should contact an immigration attorney with criminal law knowledge in your state. He / she should be able to guide you.
 
What was the penalty ... jail time? Probation? Both? How long?

It depends on the details of the crime and the sentence, but usually any kind of felony puts you at risk of deportation. Denial of citizenship is not the only thing to worry about. You need to consult multiple attorneys to look over the court paperwork and figure out if you're deportable. You might have to avoid applying for citizenship forever and just be satisfied with having the green card.
 
no·lo con·ten·de·re/ˌnōlō kənˈtendərē/
Noun: A plea by which a defendant in a criminal prosecution accepts conviction as though a guilty plea had been entered but does not admit guilt.

For immigration purposes, you're guilty. It is obvious that the arrest and conviction happened in a community that was not participating in ICE's 287(g) or Secure Communities. If it had been then you would have been checked out by ICE at that time and you would either know that you were OK or you'd have been deported (or be in an appeal process fighting deportation right now). The next time you apply for anything, may be the first time that any DHS agency is made aware and looks into it. Beware. And you should steer clear of the border until you check with an experienced attorney.
 
Jackolantern said:
What was the penalty ... jail time? Probation? Both? How long?

It depends on the details of the crime and the sentence, but usually any kind of felony puts you at risk of deportation. Denial of citizenship is not the only thing to worry about. You need to consult multiple attorneys to look over the court paperwork and figure out if you're deportable. You might have to avoid applying for citizenship forever and just be satisfied with having the green card.
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Not just applying for citizenship, your application for renewal of your GC later can trigger an action from ICE "IF" and i stress on the IF the crime you commited is a CIMT.
A good indicator that it was not a CIMT would be if you after staying outside US after your conviction and came back without any problems or admissibility issues.
 
elvla2 said:
Hi

Back in 2006 to be exact August, I had a Felony grand theft 3rd degree, my case was expunged, and it was closed as nolo contendere. My question is am I eligible to become an US citizen, since that day I haven't had any more problems, been working, good behavior, no more problems.
Click to expand...

An "Arrest record" is the only thing that is allowed to be expunged in most states only if the outcome of the charge under which the arrest was made is a dismissal or no conviction, a case or a conviction itself cannot be expunged specially when it is a felony.
 
namecheckvictim said:
An "Arrest record" is the only thing that is allowed to be expunged in most states only if the outcome of the charge under which the arrest was made is a dismissal or no conviction, a case or a conviction itself cannot be expunged specially when it is a felony.
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Not true. A criminal record which contains a conviction may be expunged, even (in some cases) if it contains a felony conviction.

http://criminal.findlaw.com/crimes/expungement/expungement-process.html

But for immigration purposes it's a moot point.
 
Hi and thanks to everyone that has responded I did not get a conviction, I did not do jail time, no probation, nothing !!!!! All I did, I went to like a program for like 2 hours and that's it.
 
elvla2 said:
Hi and thanks to everyone that has responded I did not get a conviction, I did not do jail time, no probation, nothing !!!!! All I did, I went to like a program for like 2 hours and that's it.
Click to expand...

Get the Court Disposition and consult an attorney.
 
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