Impact of dismissed domestic assault on naturalization

R

ricke

New Member
My case was dismissed due to "Failure to prosecute" in 2014, without diversion and guilty. Now I am thinking about naturalization application. Here are my questions:
1. Will my case seriously hurt my application? I guess my case is definitely not a conviction in immigration law, right?
2. Do I need wait for at least 5 years from the arrest date to submit my application?
3. I do not have the final disposition since the case has been expunged. But I have the certified expungement letter, a letter from my lawyer to explain the dismissal, and affidavits from the court indicating the documents unavailable. Are these stuffs enough to satisfy USCIS's requirement?

Any help and suggestions are appreciated.
 
ricke said:
My case was dismissed due to "Failure to prosecute" in 2014, without diversion and guilty. Now I am thinking about naturalization application. Here are my questions:
1. Will my case seriously hurt my application? I guess my case is definitely not a conviction in immigration law, right?
2. Do I need wait for at least 5 years from the arrest date to submit my application?
3. I do not have the final disposition since the case has been expunged. But I have the certified expungement letter, a letter from my lawyer to explain the dismissal, and affidavits from the court indicating the documents unavailable. Are these stuffs enough to satisfy USCIS's requirement?

Any help and suggestions are appreciated.
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NO impact as long as you have the necessary documentation.

Make sure you list the arrest. Uscis will still see it, even though its expunged.

Seeing that your case was dismissed and you had it expunged . you will need the “final order of expungement” which list your charge and states it was dismissed and now expunged.
A letter from your lawyer isnt going to help.

Fyi. That final order of expungement usually has a court seal as well . Which lets Uscis know its the original. Uscis will need to keep that original copy for their records just so you know.

So if for some reason you want a copy of the expungement order take that same copy as it has the. Expungement number on it to the court you had it done and request a copy. Without that number you will have a hard time getting anything from the courts because when they run your name in the computer nothing will show up “ whole point of the expungement”. Lol
Good luck.....
 
"you will have a hard time getting anything from the courts because "
Since the case has been expunged, all docs have been shredded. There is no way to get them again. I have confirmed this with multiple lawyers and also the state court (in Tennessee).

My expungement doesn't say how my case got dismissed, though it shows there were no diversion in my case. The letter from the lawyer is the only way I can explain the reason of dismissal (because of "Failure to prosecute").

According to some lawyers, it is highly possible that my lawyer handling my case is the only one in the world who knows the details on how my case was dealt by the court.

I cannot think of a better way to satisfy USCIS.
 
ricke said:
"you will have a hard time getting anything from the courts because "
Since the case has been expunged, all docs have been shredded. There is no way to get them again. I have confirmed this with multiple lawyers and also the state court (in Tennessee).

My expungement doesn't say how my case got dismissed, though it shows there were no diversion in my case. The letter from the lawyer is the only way I can explain the reason of dismissal (because of "Failure to prosecute").

According to some lawyers, it is highly possible that my lawyer handling my case is the only one in the world who knows the details on how my case was dealt by the court.

I cannot think of a better way to satisfy USCIS.
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If your paper states. “ Final Order of Expungement”. Thats all you will need.

If not

you can take advice from a lawyer that will happily take your $$. Or you can take my advice which comes from personal experience and Thousands of $$ spent on those “same lawyers”

Your case was expunged but their is a file buried in a room at that court house.

Will not show up in a normal record check when they punch your name in the computer but show up in person show your ID and explain that you need a copy of your final order of expungement. Tell them its for Immigration purposes. Do this at the part of the court house that handles expungement.
No lawyer is going to be able to help you as Uscis wants to see a original court document from the courts saying your case was dismissed. Which would be a dispostion. Which you cant get at this point.
Or
The final order of expungement has the same details the disposition has on it.


You cannot think of a better way to satisfy uscis.


But my way is the only way..... without you wasting $$$ on a lawyer only to find out you have to go the exact route im telling you ..
 
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ricke said:
"you will have a hard time getting anything from the courts because "
Since the case has been expunged, all docs have been shredded. There is no way to get them again. I have confirmed this with multiple lawyers and also the state court (in Tennessee).

My expungement doesn't say how my case got dismissed, though it shows there were no diversion in my case. The letter from the lawyer is the only way I can explain the reason of dismissal (because of "Failure to prosecute").

According to some lawyers, it is highly possible that my lawyer handling my case is the only one in the world who knows the details on how my case was dealt by the court.

I cannot think of a better way to satisfy USCIS.
Click to expand...

I reckon those are all criminal matter lawyers. Perhaps a consult with an immigration lawyer re naturalization could also be effective. Some things are worth a paid consultation.
 
Thanks Jbuff. I already have the certified order of expungement letter which was mailed to me from the court by my lawyer. In many states, the courts even do not keep expungement letter either.
Since I have the official expungement letter, what I am saying is to get the final disposition letter (together with all other doc) of my case, which are no longer available anymore, because of the expungement.

Expungement letter does not include many details on the case but only the final disposition. For example, "dismissal" has many ways and some of the ways are still considered as conviction by immigration. To explain the details to USCIS, so far the only way I can think of is to get a letter from my lawyer. Although it is not perfect, but this might be the best way I can do right now.

I am asking around to see if there is a better way than this for the "final disposition letter".
 
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