Court Case

[aaron2020 11,651]

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-22380/0-0-0-22999.html

(a) General Criteria .

One of the most important basic requirements in naturalization is that of good moral character (GMC). An applicant for naturalization must show that, during the statutorily prescribed period, he or she has been and continues to be a person of good moral character. This period includes the time between the examination and the oath of allegiance. Although the law specifies that the good moral character requirement applies to the statutory period, conduct prior to that period may impact the adjudicator’s decis ion regarding whether or not an applicant meets the requirement. Consideration of the applicant’s conduct and acts outside the statutory period is specifically sanctioned by law if the applicant’s conduct during the statutory period does not reflect reform of character or the earlier conduct is relevant to the applicant’s present moral character. See section 316(e) of the Immigration and Nationality Act (the Act) and 8 CFR 316.10(a)(2) . Thus, when addressing the issue of good moral character, the examination should be broad enough and sufficiently detailed to disclose all relevant adverse conduct or activity. Although the focus should be on conduct during the statutory period, the inquiry should extend to the applicant’s conduct during his or her entire lifetime.

Good moral character should be determined on a case-by-case basis. Section 101(f) of the Act and 8 CFR 316.10 specifically provide that certain criminal conduct precludes a finding of good moral character. Section 101(f) also provides that an applicant may lack good moral character for reasons other than those described in 101(f)(1) – (8). The courts have held that good moral character means character which measures up to the standards of average citizens of the community in which the applicant resides. Any conduct or acts which offend the accepted moral character standards of the community in which the applicant resides should be considered, without regard to whether the applicant has been arrested or convicted.

Edited January 23, 2012 by aaron2020

[Robert&Karen 264]

You seem to still be confused about noelle pros. In America, people are innocent until proven guilty. Did the OP commit a felony? I have NO CLUE. But there certainly wasn't evidence or ability to convict him as one so he does NOT have an actual felony conviction and as such we can't say for sure he did it. I'm not sure what the point of your unhelpful comment was.

To use an analogy, some people complain that their head hurts but they won't stop banging it against the wall. No, I do not know what happened and it sounds like OP will keep as much information private as possible. I have been in countries where you get arrested for looking at a cop wrong; this is not one of them. If he was minding his own business while walking down the street, and he gets arrested, well SOMETHING got the officer's eye. Whatever it was, well culturally at least there is something going on there.

In summary, my advice would be that whatever lifestyle choices you made that led to your arrest, well try to avoid those choices in the future.

[clarence954 20]

To use an analogy, some people complain that their head hurts but they won't stop banging it against the wall. No, I do not know what happened and it sounds like OP will keep as much information private as possible. I have been in countries where you get arrested for looking at a cop wrong; this is not one of them. If he was minding his own business while walking down the street, and he gets arrested, well SOMETHING got the officer's eye. Whatever it was, well culturally at least there is something going on there.

In summary, my advice would be that whatever lifestyle choices you made that led to your arrest, well try to avoid those choices in the future.

robert & karen if u don't know what u are talking about it's sometimes better to keep your comments to yourself.

[Robert&Karen 264]

robert & karen if u don't know what u are talking about it's sometimes better to keep your comments to yourself.

Aaron202 said it well, right from the USCIS. Don't do the crime, heck don't even look like you did the crime.

I believe I know what I am talking about. An immigrant cannot afford to have ANYTHING draw negative attention. But now that the horse it out of the gate? Guess the OP's future depends on how well they recover from the incident.

[Deputy Purple 1,294]

You seem to still be confused about noelle pros. In America, people are innocent until proven guilty. Did the OP commit a felony? I have NO CLUE. But there certainly wasn't evidence or ability to convict him as one so he does NOT have an actual felony conviction and as such we can't say for sure he did it. I'm not sure what the point of your unhelpful comment was.

While you're correct about there not being a conviction that doesn't mean the accused (in this case the OP) is innocent. In criminal trials, and in some common law jurisdictions, it is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty. A no-contest plea, while not technically a guilty plea, has the same immediate effect as a guilty plea, and is often offered as a part of a plea bargain.

NoLo Pleas are often times used for first time offenders to allow them to not get the brunt of a conviction but still have the ability to impose punishment including fines or probation.

If the accused is confident they can beat the charge in court then they shouldn't take a NoLo Plea because it isn't a vindication. They would be better served with a judgment declaring them no guilty.

NoLo is a compromise where neither side is sure they could easily win so instead of throw a lot of resources and time at it they agree to disagree. The prosecutor get the accused punished (even if only lightly) and the accused gets to avoid a more serious consequence of their actions.

IOs are aware of this and will consider the charge accordingly knowing that the applicant didn't dispute the allegations against them.

[ceadsearc 516]

Sorry, I didn't mean to imply it meant the OP is innocent, as I am well aware it doesn't necessarily mean that. I just meant that a noelle pros means there was not a conviction and without further info, we have no way to know if they are innocent or not. In most cases I have seen,, there is a good chance the person is guilty but the prosecution lacks enough evidence to convict them at the time and the defendant is willing to take the noelle pros instead of the potential to be convicted. Though where I live, a noelle pros typically does not come with fines, probation, or anything else - it is dropped, but not stricken, unless the prosecution reopens it in a set time.

Regardless, my point was that we really don't know exactly what happened and so posts saying "HOW ABOUT NOT COMMITING FELONIES?!" don't provide any useful information to the OP.

[Deputy Purple 1,294]

Regardless, my point was that we really don't know exactly what happened and so posts saying "HOW ABOUT NOT COMMITING FELONIES?!" don't provide any useful information to the OP.

I will concede you that point, I just didn't want anyone to read this thread and get the idea that a NoLo means innocence or wipes the accused's slate clean. NoLos remain on your record so that if you do continue down that path they have an easier time establishing a pattern of behavior the next time you're in front of a judge.

Hopefully the Op has a more complete understanding of NoLo and now knows that if it doesn't affect their naturalization it surely will come into play if they are arrested for the same thing again as Law Enforcement can see the prior record.

[Darren And Crissy 11]

"The courts have held that good moral character means character which measures up to the standards of average citizens of the community in which the applicant resides." So it is okay to be bad if you live in a bad neighorhood?

Were you offered this as a deal? I would have thought that given your status, it would have been better to say prove it or find me not guilty (especially if you were not guilty).

[ceadsearc 516]

I will concede you that point, I just didn't want anyone to read this thread and get the idea that a NoLo means innocence or wipes the accused's slate clean. NoLos remain on your record so that if you do continue down that path they have an easier time establishing a pattern of behavior the next time you're in front of a judge.

Hopefully the Op has a more complete understanding of NoLo and now knows that if it doesn't affect their naturalization it surely will come into play if they are arrested for the same thing again as Law Enforcement can see the prior record.

Completely agreed - sorry for any confusion in my wording. I have a noelle pros case myself from many years ago so I'm all too familiar with the fact that it never actually goes away!

OP, I hope you have a clearer understanding of how this could affect your case. If not, I again suggest you consult an immigration attorney and give them the exact details of your case, and perhaps they can better advise you in more detail than we can without knowing the nature of the charges.

Edited January 23, 2012 by ceadsearc

[adethony121 2]

Nol pros is different from nolo. The case was nol prosed on the grounds that there was not enough evidence. 2ndly we didn't do trial I was just told by the state attorney that it was nol prosed. Thirdly I didn't commit the said crime I was only unfortunate to be at the wrong place

Nol pros is different from nolo. The case was nol prosed on the grounds that there was not enough evidence. 2ndly we didn't do trial I was just told by the state attorney that it was nol prosed. Thirdly I didn't commit the said crime I was only unfortunate to be at the wrong place

[adethony121 2]

I will include it in my I795 though it has been expunged

[aaron2020 11,651]

I will include it in my I795 though it has been expunged

Expunging your record does not matter. You were still arrested. Expunging your nol pros does not erase the arrest. You would need to disclose it. Failure to disclose it may be a material misrepresentation that gets your petition denied.

http://www.usavisacounsel.com/articles/myths-and-facts-about-criminal-expungements-and-certain-criminal-case-dismissals-2.htm

Myths and Facts About Criminal Expungements and Certain Criminal Case Dismissals

Published: June 1, 2011

For certain, there continues to be a significant disconnect between criminal defense attorney perceptions and the realities of immigration law. Don’t get me wrong – I am not writing this article to scold, judge or blame the criminal defense bar, since I am well aware that keeping up with current criminal laws and procedures is challenging enough. It’s just that I happen to bear witness to this disconnect at least a couple times a week in communications with criminal defense colleagues with whom I may share a client, and we engage in discussions ranging from the deportation consequences of a criminal plea bargain, to the necessity of disclosing an expunged criminal record in an application for permanent residence (Form I-485), green card renewal (Form I-90), or Naturalization (Form N-400). The following discussion features the most common misunderstandings:

Myth: The expungement of a criminal record means its erased from ALL existing databases, such that the arrest and court proceeding never happened and disclosure of the arrest to immigration officials is unnecessary.

Fact: The expungement only means it’s been erased from certain databases, such as a local court’s or perhaps state police records. However, the fingerprint that was taken by the law enforcement agency in conjunction with the arrest forever leaves its mark for all future FBI analyses – no matter the success of efforts to dismiss the charge and/or expunge the record. Foreign nationals seeking U.S. residence, green card renewal, or US citizenship should take measures to obtain several certified court dispositions or records from the clerk of the court where the criminal case took place before seeking expungment, since the immigration official reviewing the application in question will for certain know that there had been arrest (regardless of expungement) and will want to verify the outcome of criminal proceedings. If no certified court disposition is obtained prior to expungement, the foreign national may very well find themselves having to ask their criminal defense counsel to unexpunge the record to facilitate final processing of their immigration related application.

Myth: The “dismissal” of a criminal case, but only after an admission of wrongdoing, and imposition of fine, supervision or other penalty, still means there is NO “conviction” for purposes of US immigration law.

Fact: Unless a criminal charge is outright “dismissed”, “stricken” or “nolle pros’d” and without an admission of wrongdoing and penalty, there is a decent chance the outcome will be viewed as a criminal conviction for immigration law purposes. Much of the time, the quick plea deal offered to a criminal defendant is irresistible at the moment its offered, since the client a) will know they will not have to do jail time, b) will not have to pay their criminal lawyer any more money for future hearings or a trial, and c) is advised, mistakenly, by either their criminal defense attorney or the judge that the outcome is not considered a conviction. Well, what’s considered a conviction for state criminal law purposes is not always the same

as what’s considered a conviction for immigration law. The lesson: before accepting a plea deal, non US citizens are advised to consult an immigration lawyer so they are “in the know” about what immigration law consequences, if any, are in store.

Myth: Applicants for Permanent Residence (I-485), Green Card Renewal (I-90) or U.S. Citizenship (N-400), with any criminal record, even a conviction, can expect to have their application denied.

Fact: Foreign nationals seeking such immigration benefits are not automatically disqualified because of their criminal past, even with one or more convictions. What is determinative, of course, is the nature of the offense and conviction, and the number of convictions. The only thing an applicant for immigration benefits should be afraid of is their impulse to proceed blindly with one of these applications, premised either on mistaken advice provided by their criminal attorney, or the hope or fantasy that “everything will be o.k.” For certain, during processing of any of the above applications, all of the applicant’s arrests will come to light, and how these charges were disposed of, and the nature of any conviction(s) will determine what happens next – whether it be application approval, or application denial, with a notice for the applicant to appear in court for removal proceedings. So, again, immigration applicants with any sort of criminal past, would be wise to confirm to enlighten themselves regarding how immigration authorities will view this past before embarking on what can be a scary and dangerous adventure.

PUBLISHED June 1, 2011 – “IMMIGRATION LAW FORUM”

Copyright © 2011, By Law Offices of Richard Hanus, Chicago, Illinois

http://www.murthy.com/news/n_convic.html

Expungement of Criminal Record Does Not "Erase" Conviction

It is a very common misconception that an expungement, or sealing of one's criminal record, will result in a clean record. In fact, if one has ever been arrested / charged / cited / convicted, s/he will have to reveal this fact whenever any immigration forms are filled out and/or any immigration benefits are sought. This will hold true even if the conviction is expunged, sealed, or otherwise deleted from the individual's criminal record. The fact that one's record has been expunged does not erase the arrest or conviction for immigration purposes, except in very limited exceptions. The record still exists and is accessible to law enforcement officials and as part of background checks. It is simply no longer a public record available to everyone.

A criminal record that has been expunged makes it more difficult for a defendant and for the USCIS to verify the disposition information. Because of this, it is a good idea to obtain several certified copies of the disposition information prior to the expungement. Some individuals choose to wait until they are U.S. citizens before completing the expungement process, if the particular charge will not create problems with employment or other matters.

Edited January 23, 2012 by aaron2020

[Deputy Purple 1,294]

Nol pros is different from nolo. The case was nol prosed on the grounds that there was not enough evidence. 2ndly we didn't do trial I was just told by the state attorney that it was nol prosed. Thirdly I didn't commit the said crime I was only unfortunate to be at the wrong place

I will include it in my I795 though it has been expunged

Okay, so basically the case was dropped by the prosecutor.

The arrest will remain as you were arrested.

It would be a good idea to get a court record of the case being dropped.

[adethony121 2]

Sure I will. I only wanted to know if I would be called for an interview..

[Deputy Purple 1,294]

Sure I will. I only wanted to know if I would be called for an interview..

I would expect it anytime there is something that would benefit from an explanation.

I say prepare for it and if it doesn't happen then you're ahead of the game.