Expunged criminal records and N-400 filing

[GungaDin]

(i) Crimes of moral turpitude.
-Any alien who-
(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 245(j) ) after the date of admission, and
(II) is convicted of a crime for which a sentence of one year or longer may be imposed.
is deportable

Are you past your 5 year anniversary for your LPR? If not it would be safer to withdraw your application. You don't want someone at USCIS making the case that deferred sentence is the same as a sentence hence you were convicted of the crime.
I don't understand the people who are suggesting this is not a CIMT. This falls within either Lewdness or Gross Indecency both of which are CIMT. Wiki Link
Serving booze to a minor is CIMT - heck even keeping a kid home for no good reason if they should be at school is CIMT. So be careful.

If you're past 5 years, then just go for the interview and see what happens.
Edit: I take this back as the crime occurred within 5 years of your arrival and it may expose you to deportation

 

[Jackolantern]

If you're past 5 years, then just go for the interview and see what happens.

That would be dangerous. The 5-year limitation applies to USCIS's ability to revoke the GC based on information they already had prior to GC approval. This incident was after the OP became a permanent resident, so USCIS still has the right to initiate deportation if it is a deportable crime, regardless of any 5-year rule. Before going to the interview, the OP should see an immigration lawyer to determine if it is deportable.

 

[jen1008]

Thank you for all of you guys' inputs. I have learned so much since I joined this forum. I wish I had found it sooner. Then I wouldn't be so stressed and that could have saved me that chunk of money.

I need to add more facts of my case:
I commited that crime about 2.5 years after I moved to the US.
I'm currently unemployed.

Just another two factors that might lead to denial, which I can accept. What really scares me is the possible deportation. But it sounds the deportation will only likely happen if the crime is convicted and it should be by law and not by the IO's definition, right? Since my case was eventually dismissed, I assume the conviction will not stand. So even if it is a CIMT, how can they deport a PR based on a non-convicted crime, not to mention the sentence of such crime doesn't exceed one year?

Please any feedbacks are welcome...

 

[GungaDin]

Thank you for all of you guys' inputs. I have learned so much since I joined this forum. I wish I had found it sooner. Then I wouldn't be so stressed and that could have saved me that chunk of money.

I need to add more facts of my case:
I commited that crime about 2.5 years after I moved to the US.
I'm currently unemployed.

Just another two factors that might lead to denial, which I can accept. What really scares me is the possible deportation. But it sounds the deportation will only likely happen if the crime is convicted and it should be by law and not by the IO's definition, right? Since my case was eventually dismissed, I assume the conviction will not stand. So even if it is a CIMT, how can they deport a PR based on a non-convicted crime, not to mention the sentence of such crime doesn't exceed one year?

Please any feedbacks are welcome...

Not looking good for you jen1008.
I think you need to find the actual crime(s) you were convicted of and the maximum sentence for each of them. If the max sentence is > 1 year, even if you got ≤1 year, you could be deportable.
BTW, entering into a diversion program is a pretty good indication that you were actually convicted of something. You need to find out exactly what.
Just because the conviction was dismissed at a later point doesn't mean that you weren't originally convicted. As this happened with 5 yrs of your arrival, this could be deportable.
Here is some additional information for you (Pick your state): Expungement and Criminal Records

 

[marklivinglarge]

An answer to your concern

I'm gonna give you a definite answer that will ease up your concern about your eligibility for naturalization.

I have a misdemeanor conviction on my record that got dismissed, but the officer denied it and in the denial letter said that I need to tray back 5 years after my last arrest NOT after your case is dismissed .. Therefore, in your case, you can apply back in October 2011 . 5 years after your October 2006 arrest .

Hello everyone,

I really need help here. I just received the initial interview letter but I'm in cold feet. I got arrested in oct, 2006 for 3 charges:
massage w/o license
massage the opposite sex
massage the private part of opposite sex

I then entered into the deferred prosecution program. In Nov, 2007, all those charges are dismissed. In June, 2009, I got all those records expunged. My interview date is in late March and I just realized there is a 5 year wait before I can apply for citizhenship. I'm really worried right now. I don't know if I should go to the interview because I have a bad feeling that they will deny me since it's only been 2 years since the case was dismissed. Can you guys tell me what is the chance of my application being denied or approved? If I get denied, will I face possible deportation? Is it too late to withdraw my application now?

Time is running out, please help me. I really appreciate it.