RealNeedofHelp
New Member
Hello Friends,
My friend was involved in a petty theft issue in May 2004. Eventually, he was charged as trespassing on Mar 2005 with 2 year probation. After 2 years of probation, the trespassing charge was expunged in July 2007. He did a FBI name check and it came out clean with no records in the FBI database. He also did a fingerprint check in the California Department of Justice database. There are no fingerprint records of him in CA DOJ database too.
Actual Charge from the court letter:
The Court ordered based on DA's request that the ----> complaint 484(A) PC MISD -Theft of property to be amended by interlineation to add Viloation 602(L) PC Misd -Tresspass: Occupy Propert without consent as Count 02.
The defendant with the courts approval, pleads NOLO contendere to Count 02. A violation of Section 602 (L) PC. The Court finds the defendant guilty.
Court is convicting the defendant on Count (02), a violation of Section 602 (L) PC.
Court finds that there is a factual basis for defendant's plea and the court accepts the plea.
Court gives the following judgment:As to Count (02), a violation of Section 602 (L) PC, the Imposition of any sentence is suspended.
The Defendant is placed on Summary Probation for a period of 24 months under the following terms and conditions:
Pay a fine of $200.00
Plus a state penalty fund assessment of $400.00
Plus a $40.00 Criminal Fine Surcharge (Pursuant to 1465.7 P.C.)
Plus a $10.00 citation processing fee (Pursuant to 1463.07 G.C.)
Plus a $20.00 Court Security Assessment (Pursuant to 1465.8(A)(1) P.C.)
Plus a $30.00 Installment and Accounts Receivable Fee (Pursuant to 1205(D) P.C.)
Other information based on my research:
California Penal code 602(L) PC : Entering and occupying real property or structures without consent
Based on the Immigration Naturalization Issues:
When applying for citizenship it is necessary to show that one has been a person of "good moral character" for the past five years (three years for certain persons married to U.S. citizens). If there was any criminal conviction during that period, however minor, the application will likely be denied. For certain, more serious crimes the INS may even look back beyond than that 3-year or 5-year period. If a criminal conviction comes to light when one is applying for naturalization, s/he may well be placed in removal proceedings. While typically notified when a non-citizen is convicted of a crime, there are times when the INS is unaware of the situation and only finds out later. It is possible to be put into proceedings for a conviction that happened quite some time before. A naturalization applicant who is put into proceedings may be able to request that the proceedings be terminated to allow the naturalization application to be processed. The Immigration Judge has the discretion whether to grant such a request. The applicant must show "exceptionally appealing or humanitarian factors." As with all types of discretionary relief, the approval rate is not high.
Will it affect the citizenship process? My friend is very tensed up and he is under a lot of stress. Should he apply for his citizenship process? Please advise.
If anyone could answer the post, then it would be a great help for him.
My friend was involved in a petty theft issue in May 2004. Eventually, he was charged as trespassing on Mar 2005 with 2 year probation. After 2 years of probation, the trespassing charge was expunged in July 2007. He did a FBI name check and it came out clean with no records in the FBI database. He also did a fingerprint check in the California Department of Justice database. There are no fingerprint records of him in CA DOJ database too.
Actual Charge from the court letter:
The Court ordered based on DA's request that the ----> complaint 484(A) PC MISD -Theft of property to be amended by interlineation to add Viloation 602(L) PC Misd -Tresspass: Occupy Propert without consent as Count 02.
The defendant with the courts approval, pleads NOLO contendere to Count 02. A violation of Section 602 (L) PC. The Court finds the defendant guilty.
Court is convicting the defendant on Count (02), a violation of Section 602 (L) PC.
Court finds that there is a factual basis for defendant's plea and the court accepts the plea.
Court gives the following judgment:As to Count (02), a violation of Section 602 (L) PC, the Imposition of any sentence is suspended.
The Defendant is placed on Summary Probation for a period of 24 months under the following terms and conditions:
Pay a fine of $200.00
Plus a state penalty fund assessment of $400.00
Plus a $40.00 Criminal Fine Surcharge (Pursuant to 1465.7 P.C.)
Plus a $10.00 citation processing fee (Pursuant to 1463.07 G.C.)
Plus a $20.00 Court Security Assessment (Pursuant to 1465.8(A)(1) P.C.)
Plus a $30.00 Installment and Accounts Receivable Fee (Pursuant to 1205(D) P.C.)
Other information based on my research:
California Penal code 602(L) PC : Entering and occupying real property or structures without consent
Based on the Immigration Naturalization Issues:
When applying for citizenship it is necessary to show that one has been a person of "good moral character" for the past five years (three years for certain persons married to U.S. citizens). If there was any criminal conviction during that period, however minor, the application will likely be denied. For certain, more serious crimes the INS may even look back beyond than that 3-year or 5-year period. If a criminal conviction comes to light when one is applying for naturalization, s/he may well be placed in removal proceedings. While typically notified when a non-citizen is convicted of a crime, there are times when the INS is unaware of the situation and only finds out later. It is possible to be put into proceedings for a conviction that happened quite some time before. A naturalization applicant who is put into proceedings may be able to request that the proceedings be terminated to allow the naturalization application to be processed. The Immigration Judge has the discretion whether to grant such a request. The applicant must show "exceptionally appealing or humanitarian factors." As with all types of discretionary relief, the approval rate is not high.
Will it affect the citizenship process? My friend is very tensed up and he is under a lot of stress. Should he apply for his citizenship process? Please advise.
If anyone could answer the post, then it would be a great help for him.