Need to Apply for Citizenship, Criminal Record question...

[Trav&Shell 83]

Just wondering if anyone has any experience with this.  Any advice would be wonderful as I'm freaking out.

 

Here's the backstory:

 - Up to December 2019:  Clean arrest record, clean driving record, completed MBA and MS in Accounting, working for a public accounting firm and trying to "keep my nose clean."

 - Ordered pizza for my husband one night while he was on shift (he's an EMT/Paramedic student, so he's also trying to keep his nose clean).

 - Long story short - original order went to wrong place, but I was charged for the order anyway.  The replacement order arrives two hours later.  An hour after that, the restaurant calls looking for second payment.  They eventually agree we don't have to pay, but we agree we won't be returning to the restaurant.

 - Two days later, I learn that the manager of the restaurant was sent by the owner (also an immigrant) to file class 1 misdemeanor fraud charges against me for non-payment.

 - My boss directs me to a lawyer, who helps me navigate the situation (I'm a wreck at this point and needed help).  Boss and two other partners at the firm state "you're not going anywhere, don't panic" (this was appropriate because the first words out of my mouth to my bosses were "I am probably ineligible for the CPA exam now, and may be ineligible for citizenship OR green card renewal - just so you know.")

 - Owner agrees to drop charges because he realizes he doesn't have much of a case, but in the end fails to drop anything.

 - With the lawyer's help, I gather the paperwork needed to have the charges dismissed at arraignment.  One of these items is to pay for the replacement anyway even though the restaurant originally agreed I did not have to.  I did so.  At this time I was told to gather both receipts, which I do. 

 - The DA is actually the one who moves for dismissal, as my proof includes receipts for both payments (meaning that there is no leg for her case to stand on).  Judge agrees and dismisses my case. 

 - I then pay the lawyer his fees (this has turned into a $600 pizza order at this point), and he tells me to keep him in mind in case I decide to pursue expungement. 

 

My question is this:  Am I totally screwed on my immigration journey, due to the nature of my charges?  I'm terribly afraid that I am, and I've been having unbearable anxiety over this ever since.  Help/advice would be FANTASTIC...

[arken 4,197]

As long as you have documents of your dismissed case, you are in the clear.

 

Did you get the refund for non- delivered order?

 

[Trav&Shell 83]

Just now, arken said:

As long as you have documents of your dismissed case, you are in the clear.

 

Did you get the refund for non- delivered order?

 

No, I didn't get a refund.  I let the payment stand.  I REALLY wanted this to go away. 

 

Forgive my silly question - I have NO idea how this stuff works and am very sheltered/naïve sometimes.  What counts as "documents of dismissed case"?  I have never been in this situation before.  I can go online to the Virginia general district court site and pull up the case, which clearly shows "dismissed."  Is there something I can get that would be more helpful?

[Going through 5,671]

All of this over a pizza? 😕  I agree that there's nothing to worry about since the charges were dismissed at the arraignment.  Just make sure you get court-certified documents regarding that.

[Going through 5,671]

1 minute ago, Trav&Shell said:

No, I didn't get a refund.  I let the payment stand.  I REALLY wanted this to go away. 

 

Forgive my silly question - I have NO idea how this stuff works and am very sheltered/naïve sometimes.  What counts as "documents of dismissed case"?  I have never been in this situation before.  I can go online to the Virginia general district court site and pull up the case, which clearly shows "dismissed."  Is there something I can get that would be more helpful?

Court certified (raised seal) documents regarding any disposition (final judgement) of the arraignment hearing/case.  Contact the court that has jurisdiction over the city where the charges were filed to obtain them.  You'll want to talk to the Court Clerk/records department.

[Trav&Shell 83]

6 minutes ago, Going through said:

All of this over a pizza? 😕  I agree that there's nothing to worry about since the charges were dismissed at the arraignment.  Just make sure you get court-certified documents regarding that.

Well, it was all over two pizzas and an order of fried mushrooms (my husband was going on a 36 hour shift and I wanted him to have something he enjoyed, lol).  We now call this episode "pizzagate" and local law enforcement has boycotted the restaurant in solidarity.  Lol. 

 

I'll start digging up those court-certified documents.  Just so happens, husband's cousin is a general district court clerk.  Knowing she works in that office helps this situation a lot because I'm REALLY shy these days.  I'll ask her what I need specifically.  Thanks for the advice!

Edited February 26, 2020 by Trav&Shell

[arken 4,197]

Don’t forget to rate/comment that pizza company on Yelp and google map.

[Trav&Shell 83]

1 minute ago, arken said:

Don’t forget to rate/comment that pizza company on Yelp and google map.

That's actually the part I forgot in the original post - my husband DID rate them.  They jumped all over him on Facebook, so I made him take the review down because I didn't want that crazy in my life.  Lol.  Ironic, no?

[Fahad86 113]

4 hours ago, Trav&Shell said:

That's actually the part I forgot in the original post - my husband DID rate them.  They jumped all over him on Facebook, so I made him take the review down because I didn't want that crazy in my life.  Lol.  Ironic, no?

You dont have to take down the review. one of the questions in civics are freedom of expression and speech. you have every right to have your opinion about a business. Even though the case is dismissed but by paying for the second pizza you did commit to guilt. If you had a lawyer and still paid for the second pizza what was he doing then?

 

[Trav&Shell 83]

5 minutes ago, Fahad86 said:

You dont have to take down the review. one of the questions in civics are freedom of expression and speech. you have every right to have your opinion about a business. Even though the case is dismissed but by paying for the second pizza you did commit to guilt. If you had a lawyer and still paid for the second pizza what was he doing then?

 

Actually, everything I did was at the request of the lawyer. I consulted the lawyer prior to paying the second order. I did not do anything until my lawyer informed us that the DA requested it in exchange for all charges being 100% dismissed. The review was removed and all contact with anyone related to the restaurant was halted the moment i retained my lawyer. You can look the case details up now and see a verdict of ‘dismissed’ rather than guilty, so in this case - on that front, I think I’m ok. Thanks, though!

[Fahad86 113]

2 minutes ago, Trav&Shell said:

Actually, everything I did was at the request of the lawyer. I consulted the lawyer prior to paying the second order. I did not do anything until my lawyer informed us that the DA requested it in exchange for all charges being 100% dismissed. The review was removed and all contact with anyone related to the restaurant was halted the moment i retained my lawyer. You can look the case details up now and see a verdict of ‘dismissed’ rather than guilty, so in this case - on that front, I think I’m ok. Thanks, though!

You should be fine.... i didnt say you will run into problem with uscis... its just know when you are right stand your ground. You wont be ordering pizza from that place anymore i am sure on that.

[Trav&Shell 83]

13 minutes ago, Fahad86 said:

You should be fine.... i didnt say you will run into problem with uscis... its just know when you are right stand your ground. You wont be ordering pizza from that place anymore i am sure on that.

You are 100% correct - lesson learned! Also - our date nights OUT for meals don’t happen as often anymore either, because if we cook the food we know we’ll get what we like without legal action taken... 😁

[Fahad86 113]

1 minute ago, Trav&Shell said:

You are 100% correct - lesson learned! Also - our date nights OUT for meals don’t happen as often anymore either, because if we cook the food we know we’ll get what we like without legal action taken... 😁

🤣🤣 Good luck with the citizenship. 

[Trav&Shell 83]

14 minutes ago, Fahad86 said:

🤣🤣 Good luck with the citizenship. 

😁 thank you!

[Diane and Chris 651]

I’m so sorry this happened to you. I wish you good luck on your naturalization. Let us know how it goes.