Criminal Law How dismissed (withdraw) case affect immigration

[LAL_]

Dear all:

I received a citation for shoplifting. Then I was asked to give my fingerprint and photo and check my previous record. Recently, I went to the court and the prosecutors withdraw the charge (I heard the word withdraw and I think it means dismiss). However, I don't get any paper documents which make me uncomfortable.

My questions are:
(1) Can I just answer No to the question such as "Have you ever been arrested, cited, ...?"
(2) Can I answer NO if I apply for expungment?
(3) Do you think expungment is necessary because people will see "expungment" and still believe I am guilty and I just get off the hook. In that case, should I try to keep a copy which shows the charge is withdrawn and there is no guilty.

I actually read NYClex's comments in "How dismissed misdemeanor affect immigration", but still confused in the immigration issue. Does INS have a record system in which the fingerprint will never been destoryed? I was told I should get a lawyer to avoid provide my fingerprint, but I didn't. Do I still have a chance to make it up?

Thanks a lot for your time!

 

[Husty]

If the case went to court and the charges were dismissed or whatever reasons, there's no immigration consequences. If you need to be extra sure then go to your court house and request a copy of the decision. Make sure you have all relevant information with you or you'll have to make several trips just to get a piece of paper.
This is not legal advice. Contact an attorney if you need legal help.

 

[rosewd]

Does INS have a record system in which the fingerprint will never been destoryed? I was told I should get a lawyer to avoid provide my fingerprint, but I didn't. Do I still have a chance to make it up?

Thanks a lot for your time!

As far as I know, yes. DHS(Department of Home Security) and FBI keep a record which is permanent.

 

[Husty]

Dropped charges shouldn't be consulted but to help clarify a conviction under a statute that is divisible. The arrest will be on record but there's no conviction to trigger immigration consequences. Be honest and do not try to hide the arrest from immigration officials, that would be a very bad mistake.
This is not legal advice. If you need legal help contact an attorney.

 

[fmcasado]

Just make sure you tell the immigration officer why you were arrested, but that no convictions were made.