Purged "Failure to card" case / N400

voraap

New Member
When I was 17, I was a cashier at a gas station and accidentally sold alcohol to a minor (Failure to card). This was an ABC trap and charges were filed against me in juvenile court. Case was dismissed due to my school academic record and due to the fact that it was an honest mistake. This was 10 years ago and now that I am filing my N400, I called all 3 courts in the county (District, circuit and juvenile) to get a certified disposition on the case but they say that since the case was dismissed and I've been good, they purge all such juvenile records 5 years after I turn 19. So, 3 years ago, they threw out all records about this case and according to them, it no longer existence. There is no way they're giving me a disposition for this but they're telling me there is absolutely no record of that case anywhere. Would I still report that on my N400? To the immigration officer during the interview?
 
USCIS can see expunged cases (with the help of the FBI) and treats them as if they were never expunged. So you have to report it on the N-400, and they'll probably see it even if you don't report it.

Did you have to go on probation, pay a fine, do community service, or any other penalty?

I don't expect that incident to cause a problem, but you may have other things to figure out before you apply. If you are male, did you register for Selective Service? If you had a green card before you turned 18, did either parent become a US citizen before you turned 18?
 
When I was 17, I was a cashier at a gas station and accidentally sold alcohol to a minor (Failure to card). This was an ABC trap and charges were filed against me in juvenile court. Case was dismissed due to my school academic record and due to the fact that it was an honest mistake. This was 10 years ago and now that I am filing my N400, I called all 3 courts in the county (District, circuit and juvenile) to get a certified disposition on the case but they say that since the case was dismissed and I've been good, they purge all such juvenile records 5 years after I turn 19. So, 3 years ago, they threw out all records about this case and according to them, it no longer existence. There is no way they're giving me a disposition for this but they're telling me there is absolutely no record of that case anywhere. Would I still report that on my N400? To the immigration officer during the interview?

Do you have any records (even if they are not certified) regarding the disposition of that case?
Did you have a lawyer at the time? (If yes, the lawyer presumably has some records).

Technically, you are required to disclose this episode in your N-400, even though the case was expunged.
However, the IO will almost certainly want to see some kind of records, certified or not, regarding the disposition of the case. If you don't have any records at all, this could be a problem.
 
USCIS can see expunged cases (with the help of the FBI) and treats them as if they were never expunged. So you have to report it on the N-400, and they'll probably see it even if you don't report it.

Did you have to go on probation, pay a fine, do community service, or any other penalty?

I don't expect that incident to cause a problem, but you may have other things to figure out before you apply. If you are male, did you register for Selective Service? If you had a green card before you turned 18, did either parent become a US citizen before you turned 18?

I have registered for the Selective Service. Did not have a green card before I turned 18. Neither parent was Citizen before I turned 18. No probation or community service. I did pay a fine but unfortunately, I have no record of that. I've moved to a different city and do not have any documents of the case.
 
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