Criminal Law citizenship question - incorect criminal record

[sara2010]

I am planning to apply for the citizenship. I was arrested in 2003 and pled guilty to a misdemeanour in a deferal court. The crime that I pled with is not deportable as it was agreed with the presecutor to protect my legal status.

Now that it is over the 5 years, I am planning to apply for my citizenship. my questions:
- I went to get my fringer print thrpugh the FBI and there is no record of any arrest or crime. It came clean. I was told that this is very unsual. how this is possible? should I not say anything in the citizenhsip application?
at the same time if I do, I am running a risk of may be denial of the application Or/and correction of my record that is now clean. Any advice?

- My green card is expiring in july 2011. If I am planning to travel sometimes in Feb for 5 months, is this a problem? shall I apply to renew before leaving and get a stamp? or better to submit the renewal just before the expiration in july when I cam back which will be 2 weeks from expiration.

- Is there any way I can apply now to renew so I can a piece of mind.

- is it an issue to apply now for the citizenship while the green will be expiring. Will the application of the citizenship outcome can affect at all the green card.

thanks a lot.

 

[army judge]

Your conviction might have been expunged after successfully completing your probation.

In many federal misdemeanor convictions, there is no record, if you successfully completed your probation.
This is probably why your record is returning conviction free.

Call the court in which the conviction took place.

The clerk can even send you copies of the expungement order.

If that is the case, you can truthfully answer NO.

 

[sara2010]

I asked several lawyers at the time and they all confirm that deferal crimes can not be expunged. It is only at the state level. I did not have a probation.

 

[sara2010]

citizenship and green card renewal

I am planning to apply for the citizenship. I was arrested in 2003 and pled guilty to a misdemeanour in a deferal court. The crime that I pled with is not deportable as it was agreed with the presecutor to protect my legal status.

Now that it is over the 5 years, I am planning to apply for my citizenship. my questions:
- I went to get my fringer print thrpugh the FBI and there is no record of any arrest or crime. It came clean. I was told that this is very unsual. how this is possible? should I not say anything in the citizenhsip application?
at the same time if I do, I am running a risk of may be denial of the application Or/and correction of my record that is now clean. Any advice?

- My green card is expiring in july 2011. If I am planning to travel sometimes in Feb for 5 months, is this a problem? shall I apply to renew before leaving and get a stamp? or better to submit the renewal just before the expiration in july when I cam back which will be 2 weeks from expiration.

- Is there any way I can apply now to renew so I can a piece of mind.

- is it an issue to apply now for the citizenship while the green will be expiring. Will the application of the citizenship outcome can affect at all the green card.

thanks a lot.

 

[army judge]

Federal misdemeanors do not become part of your criminal record, if you successfully complete your probation.

The net result of this means after you've completed your probation and been discharged, your record is clean.

It has the same effect as expungement.

I've suggested to you previously that this might have been the result in your case.


No one knows because we do not have access to your records.

If I were you I'd do one of two things.

I'd hire an immigration lawyer to assist me with my citizenship.

Barring that possibility, I'd apply and see what happens.

The FBI has no record of convictions for the misdemeanor.

I'd guess you're in the clear on this.

Strike while the iron is hot!!!