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Will a Small Shoplifting Incident Affect My Naturalization Application

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  • 11-15-2010, 12:56 AM
    garc0085
    Will a Small Shoplifting Incident Affect My Naturalization Application
    I've been a green card holder for about 6 years and am planning to apply for citizenship soon. About 18 years ago I made the stupid mistake to try to shoplift an item less than $3 or $4 and was caught. That happened in Florida (I live now in another state). I was fined and paid it in monthly payments. I didn't have to appear in front of a judge/court.
    On the N-400 form, section D, question 15 asks: "Have you ever committed a crime or offense for which you were not arrested?".
    Is that incident consider a crime or offense? If so, do I need to get a copy of the police report? Suggestions and recommendations are appreciated.
    Thank you
  • 11-15-2010, 05:36 AM
    flyingron
    Re: Will a Small Shoplifting Incident Affect My Naturalization Application
    If this was a citation issued by the state (i.e., a police officer or court issued it to you), and you paid it rather than going to court, you have been found guilty of a CRIME (all the Florida theft offenses are at least misdemeanors, which are CRIMES). You need to be answering YES to questions 16, 17, and 18.

    If this was a civil restitution (i.e., it came from the store and/or their lawyers), then you were not found guilty of a crime, but you in fact, committed one for which you were not arrested, and that you need to answer yes to 15.

    I'd gather together all the information you can while it's easy to find (at least a copy of the citation, but getting a copy of the police report wouldn't hurt). They'll probably ask for it later and you can save some time and grief if you already have it.
  • 11-15-2010, 10:47 AM
    sunny29778
    Re: Will a Small Shoplifting Incident Affect My Naturalization Application
    It's so true as flyingron mentioned, as long as you dont lie anything in yr application, you'll be OK. In any questions, you need to be honest to give them the exact answer: when , where and how did it happen to you ( if possible, you can include yr letter to explain the incident, they'll understand) I dont think it should be a big deal if it was just a minor mistake, but the important key is dont lie. goodluck
  • 11-16-2010, 06:55 PM
    garc0085
    Re: Will a Small Shoplifting Incident Affect My Naturalization Application
    Thank you very much for the candid answers. I can't remember if the fine was a restitution or a court/police fine (I think I paid $200 in 4 months). I remember, I was taken to the store office, someone took a picture of me holding the item (a small packet of batteries) and I was let go and warned to not come back ever to the store. Would the fine/restitution amount and these other facts be any hint that tells if it was one or the other?
    I obviously will have to try to get those records. Where do I start?, I don't remember which city it was but I can figure the county.
  • 11-17-2010, 07:18 AM
    flyingron
    Re: Will a Small Shoplifting Incident Affect My Naturalization Application
    I'm tending to believe it was a purely civil action. Did you write checks? Can you get those checks? You can try spending a few dollars to pull a Florida background check on yourself to see if it shows up (not foolproof, but if it does show something you will know).

    Were there any police involved at any point?
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