There seems to be alot of threats about shoplifting but I haven't seen an answer for mine so here is my story.
3 years ago, I was caught shoplifting at a store. I was not arrested - just detained in the back of the store, and police was called on the scene. I received a citation for Class C Misdemeanor for Theft under $50 and was assured that I was not arrested. I went to court and received deferred disposition. I took a theft class, did some community service, paid the court costs, then went back to court and was told that my case was dismissed. I applied for a investment banking firm and had to get fingerprints and my criminal record through the DPS - everything came out clean...I have no record.
I am now applying for US citizenship and was honest to my immigration lawyer about what happened. He wants me to say that I was convicted of the offense because I plead no contest in order to receive deferred disposition. I agree that I should check "yes" for questions about whether I have been detained/arrested/cited, whether I have ever been charged with a crime, and whether i was placed in alternative sentencing but I DO NOT agree with my lawyer that I should check that I was convicted. I think I should check "no" because it is not my my record and the case was dismissed. He says that it will be better to say yes and then talk to the interviewer to see if he/she considers that a conviction rather than being accused of lying (although unintentional). Your thoughts please?
3 years ago, I was caught shoplifting at a store. I was not arrested - just detained in the back of the store, and police was called on the scene. I received a citation for Class C Misdemeanor for Theft under $50 and was assured that I was not arrested. I went to court and received deferred disposition. I took a theft class, did some community service, paid the court costs, then went back to court and was told that my case was dismissed. I applied for a investment banking firm and had to get fingerprints and my criminal record through the DPS - everything came out clean...I have no record.
I am now applying for US citizenship and was honest to my immigration lawyer about what happened. He wants me to say that I was convicted of the offense because I plead no contest in order to receive deferred disposition. I agree that I should check "yes" for questions about whether I have been detained/arrested/cited, whether I have ever been charged with a crime, and whether i was placed in alternative sentencing but I DO NOT agree with my lawyer that I should check that I was convicted. I think I should check "no" because it is not my my record and the case was dismissed. He says that it will be better to say yes and then talk to the interviewer to see if he/she considers that a conviction rather than being accused of lying (although unintentional). Your thoughts please?