n-400 Marijuana Possession charge and N-400 citizenship

[Hedayat 0]

Hello, I am a permanent resident since 2011. In 2015 I was charged with possession of Marijuana 0.5 grams tiny bit in North Carolina. Charge was a misdemeanor my attorney got voluntary dismissal (VD) from the attorney I didn’t have to go to court or anything. It was dismissed with no conviction. I did community service prior to my trial date. In 2016 my charge was expunged. I have the expungement that says less than 1/2 ounce charge was expunged. 
 

Now in October 2019 I am trying to apply for citizenship filling N-400. I am worried if my charge will deny my citizenship. In April 2020 it will be 5 years since I was charged. I understand waiting 5 years is a good idea, but I really want to be a US citizen it’s almost 5 years. That’s the only offense I have in my life time. 
 

Should I Go ahead and apply for citizenship. Will there be an issue on interview? Please help I appreciate all the responses. In my n-400 I am going to say yes I was charged yes I was arrested although I was allowed to leave the scene after getting citation like speeding ticket and no I was not convicted. 

[Liam2021 587]

Possible your N400 can be denied if you don't have any paper to show USCIS that it was dismissed. You still have time to get some kind of paper from the court and bring it to the interview. Better prepare than nothing.

[Hedayat 0]

I have a paper that shows my charge it says DEFERRAL COMPLIANCE

Case disposition: VD

which means voluntarily dismissal. The lawyer who handled this case in 2015 doesn’t have any records. I only have 1 copy of that VD. I can’t find any more information on that charge since it was expunged right away after dismissal.

 

so I have 2 documents Total I have a copy of VD dismissal that shows my charge and I have original expungement document that shows the same charge being expunged. I was thinking about only submitting the expungement to uscis.

20 minutes ago, H&T said:

Possible your N400 can be denied if you don't have any paper to show USCIS that it was dismissed. You still have time to get some kind of paper from the court and bring it to the interview. Better prepare than nothing.

I have a paper that shows my charge it says DEFERRAL COMPLIANCE

Case disposition: VD

which means voluntarily dismissal. The lawyer who handled this case in 2015 doesn’t have any records. I only have 1 copy of that VD. I can’t find any more information on that charge since it was expunged right away after dismissal.

 

so I have 2 documents Total I have a copy of VD dismissal that shows my charge and I have original expungement document that shows the same charge being expunged. I was thinking about only submitting the expungement to uscis.

[Pinkrlion 2,725]

There is no such thing as expunged for USCIS.  Drug charges regardless of how minuscule are still taken seriously as it is considered on a federal level a crime.  You will have to disclose the crime on your paperwork and provide documents from your arrest and court disposition.   

[Ontarkie 14,954]

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Edited October 16, 2019 by Ontarkie

[Ryan H 3,902]

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[retheem 568]

Deferred prosecution is not a conviction for immigration purposes if as part of the agreement you never admitted to guilt or facts that would warrant a finding of guilt. If you did, that's a conviction for immigration purposes