N400 with arrest record for shoplifting

Pashley5

Registered Users (C)
Hello all,
I wanted to get some opinion on my case. I have been staying here in the US since 2003. In January 2005, I got arrested for retail theft in IL for $41 sweater and was put on supervision for a yr. There was no probation, no jail time, and no conditional discharge. In IL, retail theft supervision 1st offense less than $500 is considered misdemeanor without a conviction. After a year in March 2006 the case was discharged. This year I applied for expungement which was approved and is in process. I finally applied for citizenship last week after waiting for 5 years after the case was discharged. This is the only thing on my record. I did mention it in the application and said yes for arrest, charged with a crime and convicted with a crime (even thought there was no conviction). I have also sent the supporting documents with the case. In addition, I have retained an attorney for application process and interview.

I would like to know if there will be any difficulty with getting my citizenship. I am applied in Newark, NJ and sent my application to Dallas, TX. Can you share your experiences and opinion?

I am getting very anxious to find the end result but I have to wait few months for that. If there is anything I can do to help my application, please let me know.

Thanks everyone.
 
You shouls not have any problems during the interview. You will be approved. if you dont get in trouble during this process.
 
why do you lie to yourself, there was a conviction and you are a thief. Don't sugar coat it. Furthermore, you're a idiot for having a attorney go with you, but what the hell, it is your $300 a hour.
 
HI dafortycal,

It is not a conviction in IL.. this has been confirmed with the court and lawyer.. also i wasn't trying to sugar coat it.. I was just explaining the whole scenario.. if u cant help, then dont pass judgement.. and u are right. it is my money so i can get a lawyer if i want..
 
HI dafortycal,

It is not a conviction in IL.. this has been confirmed with the court and lawyer.. also i wasn't trying to sugar coat it.. I was just explaining the whole scenario.. if u cant help, then dont pass judgement.. and u are right. it is my money so i can get a lawyer if i want..

Although daffy was nasty about it, the point is correct. "Conviction" is specifically defined in the Immigration and Nationality Act (INA) and for immigration purposes, its a conviction and expungements are worthless. Lastly, your lawyer is a con artist/shyster or grossly incompetent or both. Dump the lawyer now. The incident was not disqualifying all along.

P.S. Your period of "supervision" was probation for INA intents and purposes.
 
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That's a little harsh considering we don't know all the facts of the case.

Harsh? Are you joking?

Come on... shoplifting a $41 sweater almost 7 years ago and the lawyer is perfectly willing to "come to the interview" and went to the trouble to expunge? And led this person to believe that it was NOT a conviction and that (s)he had NO probation for the one year of supervision. That incompetent boob needs to be reported for so many things.

YOU can keep that shyster lawyer all to yourself.
 
Although daffy was nasty about it, the point is correct. "Conviction" is specifically
defined in the Immigration and Nationality Act (INA) and for immigration purposes, its a conviction and expungements are worthless. Lastly, your lawyer is a con artist/shyster or grossly incompetent or both. Dump the lawyer now. The incident was not disqualifying all along.

P.S. Your period of "supervision" was probation for INA intents and purposes.

So do u think I will have problem getting citizenship? I am getting very nervous as my interview is scheduled on November 8th. I am not sure how to explain the incident to the immigration officer.

Honestly, I was 19 and just wasnt thinking right at the moment. Please advise.
Thanks.
 
The shoplifting would not have been an issue and i agree the lawyer just milked you for some spending cash.

At the interview make it as simple as possible and just tell it like it as stupidity on your part.
 
So do u think I will have problem getting citizenship? I am getting very nervous as my interview is scheduled on November 8th. I am not sure how to explain the incident to the immigration officer.

Honestly, I was 19 and just wasnt thinking right at the moment. Please advise.
Thanks.

Not a problem. The actual shoplifting offense meets the exception for one minor CIMT and would not have stopped naturalization as soon as the one year period ended.
 
Harsh? Are you joking?

Come on... shoplifting a $41 sweater almost 7 years ago and the lawyer is perfectly willing to "come to the interview" and went to the trouble to expunge? And led this person to believe that it was NOT a conviction and that (s)he had NO probation for the one year of supervision. That incompetent boob needs to be reported for so many things.

YOU can keep that shyster lawyer all to yourself.
Where do you get that the same lawyer was used for the conviction, expungement and for naturalization application? Also, although expungement has no effect for immigration, it does for civilian life.
 
A guilty plea counts as a conviction for immigration purposes
Agreed
Court supervision is a form of probation.
When I searched probation vs court supervision. I found out that they are two different sentence. You can google it and read on ehow website written by Timothy Murphy. Let me know if you think he is right.

My disposition says supervision.
 
Read the regulations on this topic--this is only one small part of them.

8 CFR § 316.10 Good moral character.

*****
(c) Proof of good moral character in certain cases —(1) Effect of probation or parole. An applicant who has been on probation, parole, or suspended sentence during all or part of the statutory period is not thereby precluded from establishing good moral character, but such probation, parole, or suspended sentence may be considered by the Service in determining good moral character. An application will not be approved until after the probation, parole, or suspended sentence has been completed.

(2) Full and unconditional executive pardon —(i) Before the statutory period. An applicant who has received a full and unconditional executive pardon prior to the beginning of the statutory period is not precluded by §316.10(b)(1) from establishing good moral character provided the applicant demonstrates that reformation and rehabilitation occurred prior to the beginning of the statutory period.

(ii) During the statutory period. An applicant who receives a full and unconditional executive pardon during the statutory period is not precluded by §316.10(b)(2) (i) and (ii) from establishing good moral character, provided the applicant can demonstrate that extenuating and/or exonerating circumstances exist that would establish his or her good moral character.

(3) Record expungement —(i) Drug offenses. Where an applicant has had his or her record expunged relating to one of the narcotics offenses under section 212(a)(2)(A)(i)(II) and section 241(a)(2)(B) of the Act, that applicant shall be considered as having been “convicted” within the meaning of §316.10(b)(2)(ii), or, if confined, as having been confined as a result of “conviction” for purposes of §316.10(b)(2)(iv).

(ii) Moral turpitude.
An applicant who has committed or admits the commission of two or more crimes involving moral turpitude during the statutory period is precluded from establishing good moral character, even though the conviction record of one such offense has been expunged.
 
8 CFR § 316.10 Good moral character.

*****
(c) Proof of good moral character in certain cases —(1) Effect of probation or parole. An applicant who has been on probation, parole, or suspended sentence during all or part of the statutory period is not thereby precluded from establishing good moral character, but such probation, parole, or suspended sentence may be considered by the Service in determining good moral character. An application will not be approved until after the probation, parole, or suspended sentence has been completed.

(2) Full and unconditional executive pardon —(i) Before the statutory period. An applicant who has received a full and unconditional executive pardon prior to the beginning of the statutory period is not precluded by §316.10(b)(1) from establishing good moral character provided the applicant demonstrates that reformation and rehabilitation occurred prior to the beginning of the statutory period.

(ii) During the statutory period. An applicant who receives a full and unconditional executive pardon during the statutory period is not precluded by §316.10(b)(2) (i) and (ii) from establishing good moral character, provided the applicant can demonstrate that extenuating and/or exonerating circumstances exist that would establish his or her good moral character.

(3) Record expungement —(i) Drug offenses. Where an applicant has had his or her record expunged relating to one of the narcotics offenses under section 212(a)(2)(A)(i)(II) and section 241(a)(2)(B) of the Act, that applicant shall be considered as having been “convicted” within the meaning of §316.10(b)(2)(ii), or, if confined, as having been confined as a result of “conviction” for purposes of §316.10(b)(2)(iv).

(ii) Moral turpitude.
An applicant who has committed or admits the commission of two or more crimes involving moral turpitude during the statutory period is precluded from establishing good moral character, even though the conviction record of one such offense has been expunged.

Which one applies to me? And where can I see a full list of detail about good moral character to compare my situation? I guess I am stressing about this too much

Thanks.
 
Which one applies to me? And where can I see a full list of detail about good moral character to compare my situation? I guess I am stressing about this too much

Thanks.
The part about probation would relate to you. Since you're no longer on probation, you are not precluded from demonstrating GMC.
 
Hi there - I have a similar situation. Wondering if you disclosed it and was it brought up during the interview? How did you answer it?
Do you have your citizenship?
please respond. I’m very anxious.
 
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