QUESTION

Will a trespassing dismissed on a deal still appear in the record?

Asked on Feb 28th, 2012 on Immigration - Florida
More details to this question:
If the trespassing charge is dismissed on a deal and 250 fine would still show in the criminal record? How is this affecting a green card resident applying for citizenship? It as no arrest and no evidences should this deal be accepted or fought? What would be the outcome? Can it be sealed? Appealed? How about getting hired a with a dismissed trespassing charge on your records?
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7 ANSWERS

Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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Trespass is not a deportable offense. If you pleaded guilty and paid a fine, it is a conviction regardless if the court subsequently dismissed the matter for paying the fine and complying with probation. If you have five years of good conduct, an older trespass will not make you ineligible for citizenship.
Answered on Mar 02nd, 2012 at 2:42 PM

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LCA Audits and Investigations Attorney serving Houston, TX at Fong Ilagan
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If you pay a fine, its a conviction. Most of these cases are misdemeanors and not the type of crime that will affect you PR. You may need to wait for your naturalization. It does not matter if the record is sealed or the case expunged, it still is an arrest, charge and conviction. The only way for it not to affect you at all is a full dismssal. Even with that the N-400 asks if you've ever been cited, arrested or charged. That answer is "yes".
Answered on Mar 02nd, 2012 at 12:35 PM

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Immigration Law Attorney serving Orlando, FL at Stoller & Moreno, P.A.
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Answer is that any arrest must always be disclosed to the immigration authorities forever. Even if you can expunge or seal the record via state law, the fact of arrest must always be disclosed in any paperwork dealing with the immigration authorities. Keep in mind that the immigration authorities often times assign different consequences to the same incident which the state law may permit you to not disclose. A big mistake that foreign nationals often make is that because their case was sealed or expunged, they believe that they are not required to admit its existence when applying for immigration benefits such as permanent residency or naturalization. This not correct. Always consult with a competent and licensed attorney if any of these issues arise and before you fail to disclose something that you should have disclosed. Any arrest in the period preceding the date of the submission of an application for naturalization (Form N-400) can result in adverse consequences on the issue of whether the applicant has established that she is a person of "good moral character" (GMC) consistent with US immigration law. Increasingly, we have been seeing many more denials of these types of applications - where there is a minor brush with the law during the period for which GMC must be established. Again, the best advice is to speak to someone who knows and can advise you before you make a decision to accept a plea. While the plea may not render you subject to deportation from the US it could result in the denial of an application for naturalization and could also cause trouble when you are traveling in and out of the US.
Answered on Mar 01st, 2012 at 10:28 PM

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Immigration Law Attorney serving Troy, MI
Partner at Hilf & Hilf PLC
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Usually, you may have disclose it on the Naturalization application. You may have a conviction for the immigration purpose because you paid a fine, some form of penalty for the crime.
Answered on Mar 01st, 2012 at 7:57 PM

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Criminal Law Attorney serving Newport Beach, CA at Right Choice Law
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Generally, a trespass is not a bad crime under US immigration laws as long as there was no danger to any person or other violent act; however, to become a US citizen, if you have a conviction in the 5 years prior to applying then it may be grounds to deny for lack of good moral character during that period but that would require that the conviction is a crime of moral turpitude. So, I recommend that you consult with an attorney to determine whether or not this is a good time for you to apply. Good Luck.
Answered on Mar 01st, 2012 at 1:36 PM

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Family Law Attorney serving Irvine, CA
Partner at Hadjian Law
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ALL charges will appear on DOJ report.
Answered on Mar 01st, 2012 at 1:13 PM

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Immigration Law Attorney serving Hialeah, FL at Hernandez & Suarez, PL
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A trespassing charge generally is not an issue for immigration purposes (the statute for each state may be different and you should consult an attorney in your area for specifics). Any charges will not be deleted from your record. Nothing gets deleted ever! FBI will always have your record, no matter what you do. Expunging or sealing cases do not work for immigration purposes. If you expunge or seal your case, it will not be visible to mostly everyone. However, anything that is federal, including for immigration purposes, this process will only become burdensome to you. For any immigration process, you are going to have to unseal or reverse the expunged files so that you can present them to immigration. My advice to all my client is that unless they are citizens, they shall not expunge or seal their files until they become citizens. Otherwise, once they present their citizenship application they are going to have to pay to revert the process and open again the files. Again, your record does not get deleted, just closed to most people. The most important aspect of this situation that you must check at this time is the outcome of your case. Was the case nolle prose or dismissed? If it was, then you should not worry about your residence card. If you were found guilty or pled no contest, then you should consult with a local attorney.
Answered on Mar 01st, 2012 at 1:05 PM

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