Criminal Law Help with Moral Torpitude definition

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eldueno

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Hello,

I need some desperate help. I have been searching online and it seems I stumbled with some problems. I am a spanish citizen who was in the US studying and working for the last 7 years. This year was arrested for a misdemeanour crime, assault. It was the first time I was ever arrested. I was fingerprinted and later freed without bail. The case was finally dismissed and expunged after 3 months.

I left the US and travel to Mexico before coming to Spain. On the way back from Mexico I did a stop over on the US, thinking everything was gonna be ok, but they briefly interviewed me and the officer suggested that I should take with me always the court papers - which I don´t have now. He let me go through, I was only in the US airport for few hours.

My problem now, is that I have been reseaching online, and the US embassy in Spain says I need a visa - which takes a longer process, and could be more problematic and not a final guarantee, while the State department, address the concept of crime of "crime of moral turpitude", and as far as my research goes, a simple assault, is not consdered so, also as I wasn´t convicted and the case was dismissed.

Going to the embassy and asking for a visa could take up to 2 months and I have my life in NY for now, fiance and apt are there. But I am afraid in the port of entry I could be send back. Is there anyone who knows this affairs better and who kindly can suggest some ideas.
 
Well all answers you get are going to be shaky because of the terrorism issue. Moral turpetude is not very tightly defined in law but it generally means a crime dealing with fraud or dishonesty: theft, perjury or the like.

Your case is probably ok. Your case was not prosecuted, not a crime of moral turpetude, and expunged. I doubt seriously it was expunged. You probably need a certified copy of the disposition from the clerk of court. I imagine what the customs agent saw was an arrest with no disposition. The Visa agent will find the same thing. If you have a certified dispostition you will be able to show that it is gone.
 
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