MISDEMEANOR

[Mrs.Ola 0]

2 minutes ago, Going through said:

A Municipal Ordinance Violation is not a criminal offense in that a MOV does not carry any jail time and always results a monetary fine.

 

This does NOT mean that you did not commit a crime---you did, but more so that you would not have a criminal record in the end.  (most likely, it wouldn't have gone on your record anyhow since it was a petty theft AND your first offense)  Either your lawyer pleaded your charge down, or it was how the police officer wrote out the desk-ticket.

 

 

So helpful, I know for sure that the police officer wrote Misdemeanor in the ticket. as for the criminal record i havent checked if i have a record or not i might have to ask my lawyer about the whole MOV thing coz i think you are right, in my court record there is no misdemeanor stated so I am kinda confuse. So theres a possibility that theres no criminal record under my name???

[Going through 5,675]

25 minutes ago, Mrs.Ola said:

So helpful, I know for sure that the police officer wrote Misdemeanor in the ticket. as for the criminal record i havent checked if i have a record or not i might have to ask my lawyer about the whole MOV thing coz i think you are right, in my court record there is no misdemeanor stated so I am kinda confuse. So theres a possibility that theres no criminal record under my name???

A myth with the whole "no criminal record" is that people generally think this means that it's not searchable, the crime was forgiven, or it's as if it never happened.  

 

No criminal record means that your criminal history is not searchable by typical prospective employer databases, or your criminal history information cannot be released under certain circumstances for your privacy protection (like public record searches) and educational institution/employer-discrimination protection.

 

Even if you do not have an actual charge listed on your criminal record, or even in cases where the charge was dismissed/dropped/withdrawn or expunged, it is STILL searchable under FBI databases, border patrol, *some* police databases, etc.  The information they recover in these searches can still be limited but they would know of at least the name of the original charge, date of disposition, sentencing info, etc.

Edited September 9, 2017 by Going through

[Meg&Andrew 297]

- Yes i got a desk-appearance ticket to appear in a court after 1 month of the incident BUT you know what is interesting I dont know if theres a difference or not but when i hired a lawyer to handle my case I didnt apppear in court so NO PICTURES AND NO FINGERPRINTING on the day of my court date until to the last date when i get dismissed. So I am not quite sure why. do you have any clue?

 

 I tried quoting you but it wouldn't work for some reason.  Anyways, the reason for this is the lawyer could have accepted a plea. You still would have been found guilty if this was the case. 
 

 

 

[Yan_Inna 32]

21 hours ago, Going through said:

Was this for a charge that happened between your interview date and oath date?  If not, I'm really surprised they wanted to see it again.

No, my charge was 3 years prior to that. The officer who gave out certificate of naturalization wanted to see it before giving it to me. 

[Going through 5,675]

23 minutes ago, Yan_Inna said:

No, my charge was 3 years prior to that. The officer who gave out certificate of naturalization wanted to see it before giving it to me. 

I guess because it was in your statutory period..still I'm surprised considering approval is already determined from the interview in terms of the criminal charge.  I know on the back of the oath ceremony letter it asks about arrests/charges, but that only pertains to if it occurred after the naturalization interview.

[Mrs.Ola 0]

On 9/9/2017 at 2:43 PM, Going through said:

A myth with the whole "no criminal record" is that people generally think this means that it's not searchable, the crime was forgiven, or it's as if it never happened.  

 

No criminal record means that your criminal history is not searchable by typical prospective employer databases, or your criminal history information cannot be released under certain circumstances for your privacy protection (like public record searches) and educational institution/employer-discrimination protection.

 

Even if you do not have an actual charge listed on your criminal record, or even in cases where the charge was dismissed/dropped/withdrawn or expunged, it is STILL searchable under FBI databases, border patrol, *some* police databases, etc.  The information they recover in these searches can still be limited but they would know of at least the name of the original charge, date of disposition, sentencing info, etc.

Gotcha, thank you so much for all of your help. I appreciate it a lot. Not only i figured the things that i should do but you also gave me alot of info that very beneficial to my case.

[Going through 5,675]

2 hours ago, Mrs.Ola said:

Gotcha, thank you so much for all of your help. I appreciate it a lot. Not only i figured the things that i should do but you also gave me alot of info that very beneficial to my case.

Good luck with your filling.

[Mrs.Ola 0]

19 hours ago, Going through said:

Good luck with your filling.

Thanks, btw i was wondering if this is something that you've been going thru or been thru (the whole citizenship with criminal record) coz if yes and you are okay with it to share the process and the outcome if you succeeded the application for citizenship.

[Going through 5,675]

4 hours ago, Mrs.Ola said:

Thanks, btw i was wondering if this is something that you've been going thru or been thru (the whole citizenship with criminal record) coz if yes and you are okay with it to share the process and the outcome if you succeeded the application for citizenship.

Yes.  My charge was 23 years ago in Canada.

 

 I filed my N400 online, and included scans of court-certfied documents as well as a scan of the document received regarding my arrest report from the police headquarters with my application.  I will  be bringing originals of both to my interview, and also got a police clearance letter from my country of origin as well in case that is asked for (it most likely won't be asked for, but I felt better sending away for it just in case).

 

My background check with USCIS cleared 6 days after my fingerprint appointment.

 

My interview is later this month.

[R-man 0]

On 9/9/2017 at 5:43 PM, Going through said:

A myth with the whole "no criminal record" is that people generally think this means that it's not searchable, the crime was forgiven, or it's as if it never happened.  

 

No criminal record means that your criminal history is not searchable by typical prospective employer databases, or your criminal history information cannot be released under certain circumstances for your privacy protection (like public record searches) and educational institution/employer-discrimination protection.

 

Even if you do not have an actual charge listed on your criminal record, or even in cases where the charge was dismissed/dropped/withdrawn or expunged, it is STILL searchable under FBI databases, border patrol, *some* police databases, etc.  The information they recover in these searches can still be limited but they would know of at least the name of the original charge, date of disposition, sentencing info, etc.

Going through, i've found your replies very helpful. Could you please advise what it's the best plan of action in my case ? Here is the topic:

 

[Ontarkie 15,031]

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Edited April 7, 2020 by Ontarkie