Hi guys, I was arrested for DUI 4 years back and went through the ARD program after which my records were expunged. When I went for the interview, the first thing he asked me was to withdraw my application or face denial. I had a paper work from the court saying I have no criminal cases on the system. He said this document was not sufficient. Then i hired a lawyer, with whose contacts i recived a letter from the ARD department stating that I have successfull completed the requirements and this case was expunged without a verdict and also no guilt can be assumed with ARD disposition. Can i still be denied. does anybody have any thoughts. I did search the archives and that was pretty out dated. Thanks guys. Any comments will be helpful
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DUI and Citizenship
- Thread starter regi
- Start date
For immigration purposes, you are probably considered "convicted" and could be in a lot of trouble if you claimed (and continue to claim) that you don't have a conviction.
To check what's a conviction, you must have:
1. plead guilty, or if you plead "nole" or "not guilty" been found guilty by the court AND
2. ordered by the judge to some kind of punishment (probation, community services, attending classes etc. all included)
If BCIS denies your application, they're saying that they're not satisfied with your "burden of proof" say for the prong of "good moral character. That can include that you haven't shown evidence that you're rehabiliated now (from substance abuse i.e. alcohol) and also because you haven't accrued the time necessary by statute (3 or 5 yrs. respectively). Good luck!
To check what's a conviction, you must have:
1. plead guilty, or if you plead "nole" or "not guilty" been found guilty by the court AND
2. ordered by the judge to some kind of punishment (probation, community services, attending classes etc. all included)
If BCIS denies your application, they're saying that they're not satisfied with your "burden of proof" say for the prong of "good moral character. That can include that you haven't shown evidence that you're rehabiliated now (from substance abuse i.e. alcohol) and also because you haven't accrued the time necessary by statute (3 or 5 yrs. respectively). Good luck!