Was Arrested , Need Your Input

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Pungiwalla

Registered Users (C)
Guys,
I saw there were excellent replies to earlier thread on DUI arrest. I would like to know what's your take on following:

About Six years ago, I was arrested and charged for criminal trespass in NY state; which is misdemanor accroding to state statute for entering the private property without proper permission.

Later on, the district attorney agreed to reduce the charge to Trespass violation, which is a non criminal offence accroding to the state statute (it's like infraction or violation), I plead guilty to Trespass violation, Paid $ 250 fine and I was given 1 year conditional discharge.

When I had sent my fingerprints to FBI last year for Canadian immigration, it came back with "NO ARREST RECORD" stamp. I also did another check by sending fingerprints to NY state criminal justice department and there also there is NO arrest record. THis is again because of the state statute the fingerprints were destroyed once I was convicted of VIOLATION (not a crime, Crime is Misdemanor and felony), When I went to the Police station to get a certificate , they gave me a cirtificate like there is no "criminal conviction". The record of what all happened is there in the court like charge, conviction, fine etc

I answered YES to have you ever arrested......question on I-485, recently my case has been transferred to Local office for them to schedule the interview.

MY question is whether I will be in trouble because of this ? I am more worried about 1 year conditional discharge wording.
 
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I think the best thing would that if you get an interview consult an attorney and take him to the interview with you. I don't think you would have any problems. You would spend little bit of money but save a lot of peace of mind.
 
Originally posted by Pungiwalla
Guys,
I saw there were excellent replies to earlier thread on DUI arrest. I would like to know what's your take on following:

About Six years ago, I was arrested and charged for criminal trespass in NY state; which is misdemanor accroding to state statute for entering the private property without proper permission.

Later on, the district attorney agreed to reduce the charge to Trespass violation, which is a non criminal offence accroding to the state statute (it's like infraction or violation), I plead guilty to Trespass violation, Paid $ 250 fine and I was given 1 year conditional discharge.

When I had sent my fingerprints to FBI last year for Canadian immigration, it came back with "NO ARREST RECORD" stamp. I also did another check by sending fingerprints to NY state criminal justice department and there also there is NO arrest record. THis is again because of the state statute the fingerprints were destroyed once I was convicted of VIOLATION (not a crime, Crime is Misdemanor and felony), When I went to the Police station to get a certificate , they gave me a cirtificate like there is no "criminal conviction". The record of what all happened is there in the court like charge, conviction, fine etc

I answered YES to have you ever arrested......question on I-485, recently my case has been transferred to Local office for them to schedule the interview.

MY question is whether I will be in trouble because of this ? I am more worried about 1 year conditional discharge wording.
Click to expand...

Though I may not have a direct answer to your question, the transfer to a local office may be to interview you and get more information about the arrest record. As suggested by another friend here, take your attorney with you when they call for an interview. Also, keep all the records handy regarding the incident you mentioned here.

Raj

PS : Though I am sorry for the unfortunate incident happened to you, I am glad you told the truth in your I485 form. Wish you good luck.
 
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