N-400 Application With Dismissed and Expunged Arrest Records

Even if it is not expunged, one does not need to provide police report. And court often only expunged court record not police records because police record is not open to the public. Sometimes a judge can order police to also expunge police inetrnal records. But if FBI already got the poloice repoort, no judge of any state court has power to order FBI around.

IO can ask you to bring it. Whether you bring or not - up to you. If you dont bring it you need to give an explanation. Explanation like "I didnt bring it to interview because I dont need to provide it" or explanation like "I did my best to get it but it was sealed/expunged and here is paper to confirm it" give different impression of the candidate.

Police reports can be accessible if they are not expunged/sealed - this depends on State law. In WA they are not public so you can not get non-conviciton arrest record, but i believe in CA one can go to sheriffs office and take a ceritfied copy of his arrest records even if charges were dismissed.

FBI will not have a misdemeanor arrest report. They can have info about the arrest but not the police report.
 
Thanks. I will bring the expunction order with me to the interview, I also have a clearance letter from the county that i have lived for the past 8 years showing no arrest records. I have the police reports but they dont look good and they are exaggerated, its one document that i wouldnt want IO to look at.
 
Conviction is irrelevant on the question of prostitution, it is the mere fact that you solicited honey hole from a strange woman on the side of the street. The criteria here is to assess moral inclinations, of which it appears hot women selling are your weakest point of control. The answer to that question is YES. You were arrested on a sting operation, the arresting officer has more credibility that you, because he/she was selling and you wanted to buy. USCIS is not interested in convictions, just moral issues of applicants.
 
I disagree with you and the law will too..In USA, you are innocent till proven guilty. There was mis-communication/language barrier between me and the police officer that led to the misunderstanding of the whole thing..how can you link mis-communication/language barrier to soliciting??The officer might have more credibility than I do but they have also been known to harrass people!!!
 
Communication/language barrier is being used and believe USCIS will find that you want to find excuses. The first case involves domestic violence against you, I would assume that pushing or shoving your spouse against the wall was misunderstood to be "I love you very much honey"? The state failed to make a reasonable case, which is all fine but doesn't nullify the issue of perception. The second one involves you trying to get laid by a prostitute, again the officer didn't understand that you weren't trying to buy a vagina, but rather you want to rub it to comfort yourself? Once again, for immigration purposes that bar is lower than in any criminal or civilians courts, you have two cases which have huge implications for your morals. Any IO would reasonable conclude that your records were expunged, but the actions still remain in place. The issues here is that you exhibited violence towards your spouse, the court found you NOT guilty, but USCIS, especially some IO, might want to ensure they don't allow violent people to scrape through the system. Second case is that you used poor moral judgement in an attempt to get screwed by a prostitute, the immigration question specifically ask this question because America has problems with whores. In each state, there are women and men selling their bodies and transporting venereal diseases. The prostitution question is the one which packs a dynamite to tank your application. You might NOT like what I write, but think about it in an objective way. It is possible USCIS officer reviewing your case might NOT find out that you once try to give yourself to a prostitute, but if they know and see that you claim you never tried to have a piece of a hooker, your applicant is going to be denied and rough seas will visit you at home...
 
My citizenship approval might be delayed but I dont see how they can deny it. There are many IO who are ignorant and dont understand the law. Fortunately, they do not make the final decision, the law does. So I would be ready to appeal. I did criminal background check with FBI and it came out clear, the record has been expunged and FBI do not get police reports for misdemeanors. How can they not go by what I tell them???
 
What about this N 400 question :"Have you been a prostitute or procure anyone for prostitution?"?

I think there was a discussion on this topic about a year ago. From what I remember, it was decided that it's not necessary to answer yes to that question if an applicant visited The Moonlight Bunny Ranch of hired a hooker in Amsterdam. After all, no laws were broken.
 
the answer should be yes.because you were in fact arrested,fingerprinted,and pictured,it was a sting and you fell ,why deny the truth,now you were not convicted ,because of your state laws,very different to federal laws,if you tell the truth I see more chances of aproval than if you deny as it never happened ,it happened and they will know about it,I also had an incident and also my fbi ccheck came clean but i ansewered yes to the question because it happened and it was real I got a diferent result than you because of state laws,but it happened.and I had and have to deal with it as it was.
good luck.
 
Procuring someone for prostitution = Pimp/Madam

I think that question is not failr. It shoulld be changed to "Have you been a prostitute, a customer of prostitution, or procured anyone for prostitution?"
 
Procuring someone for prostitution = Pimp/Madam

There are some inconsistency between questions on N400 and on oath letter. The oath letter ask
about prostitutiontion illegal gambling and also other kind of illegal comercial vice. But N400 does not have this
other category.
 
... but he warned me that they have many ignorant IO who can think its a conviction thereby delaying my citizenship but not denied ultimately.

Hence it would be a good idea to present an explanation letter at interview as evidence citing the relevant laws and why your charges do not count as conviction for immigration purposes.
 
Hence it would be a good idea to present an explanation letter at interview as evidence citing the relevant laws and why your charges do not count as conviction for immigration purposes.

What if this happens: There is a chance the IO does not even know the offense is deportable until he see such a explanation letter attached at the end of application package. Better addd a waning sign to the IO "Dear IO, if you think my offens is not deportable,
please do not see my explnation in this attached letter".
 
What if this happens: There is a chance the IO does not even know the offense is deportable until he see such a explanation letter attached at the end of application package. Better addd a waning sign to the IO "Dear IO, if you think my offens is not deportable,
please do not see my explnation in this attached letter".

Highly unlikely a senior IO would not know if an offense is deportable since they are in contact with USCIS legal defense for such issues.
 
Mr/Miss Toneto...I dont think you understand the question nor do you understand my argument..I deny that i was arrested for prostitution...I was arrested for misunderstanding and you wont understand till you fall into the same situation..till then do not make any assumptions
 
I tend to agree with the review posted by Al Southner. The fact is that you have a conviction and entered into de facto settlement for the lesser/reduced charge- sentence.

If you believe you are innocent or was wrong charge, you should have plead "NOT GUILTY" and challenge the case in the court. Until then i think your best course is to disclose everything in due course, let USCIS make a decision....I am not not sure if there are many options....hiding this is very risky...can even further complicate the case.

Good luck..
 
I think that question is not failr. It shoulld be changed to "Have you been a prostitute, a customer of prostitution, or procured anyone for prostitution?"

I think adding the 'customer of prostitution' treads into murky waters. (I.e. Where is the line between 'just some jewelry' to 'Ho'?)
 
Hence it would be a good idea to present an explanation letter at interview as evidence citing the relevant laws and why your charges do not count as conviction for immigration purposes.

All I produced was my expunction order..My case was approved (04/23/2010) and became US citizen same day.. lawyers charge more money for writing letters and thats the only reason why they recommend you write one...
 
I tend to agree with the review posted by Al Southner. The fact is that you have a conviction and entered into de facto settlement for the lesser/reduced charge- sentence.

If you believe you are innocent or was wrong charge, you should have plead "NOT GUILTY" and challenge the case in the court. Until then i think your best course is to disclose everything in due course, let USCIS make a decision....I am not not sure if there are many options....hiding this is very risky...can even further complicate the case.

Good luck..


By law you do not have to plead "NOT GUILTY" and challenge in court to be proven not guilty..If case is dismissed or charges dropped is enough to prove you are not guilty and in my case, dismissal was granted and hence not guilty....Thats just FYI...I went to the interview on 04/23/2010..all i produced was an expunction order and nothing more...I became a US citizen the same day..
 
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