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  1. #1
    Join Date
    Jun 2007
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    3

    Default Citizenship Application After A Shoplifting Arrest

    I was arrested for retail fraud 3 about 2 years ago, taken to the police station, fingerprinted and released on a monetary bail. After a few days I received a letter from the court saying that there has been no prosecution of any charges and I can come pick up my bond money which I did.
    I took one international trip and was stopped at re entry, questioned and after a while allowed in. The officer said that I fall under the petty offense exception (I did not have the court letter indicating no charges) even if there was a conviction.
    Now I want to apply for citizenship. I know I have to indicate that I was arrested on the form.
    Will there be any issue with my case?
    What does no prosecution of charges mean (Is it same as not guilty?)
    Does the moral turpitude apply only in the case of conviction or acceptance of charge or can an arrest indicate CMT as well?
    What documents should I try to acquire and from what sources? (I just have the one page letter from court as above)

    Your comments on this will be very much appreciated.

  2. #2
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    Default Re: Citizenship Application After A Shoplifting Arrest

    Dismissal is not the same as "not guilty" - you plead "not guilty" as part of the continuing prosecution of a case. A case can be dismissed either before or after the entry of a "not guilty" plea. A case that is dismissed "without prejudice" can be refiled, whereas a "not guilty" verdict is a final disposition.

    If you have confessed to facts constituting the offense in court, whatever the outcome, the USCIS can choose to regard you as having been convicted of the offense.

    If the dismissal was at the prosecutor's initiative without any input or plea by you, as appears to be the case from your description, you woud be unlikely to be treated as "convicted" unless you admit to the shoplifting offense when discussing the case with USCIS agents.

    The letter from the court indicating dismissal is probably sufficient to document the outcome.

  3. #3
    Join Date
    Jun 2007
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    3

    Default Re: Citizenship Application After A Shoplifting Arrest

    Thank you Mr. Knowitall.
    I have not confessed to either the folks at the store or to the police and did not need to go to court at all. I just got a letter from the court saying that there is no prosecution of my case without any communication from my side.

    What is the USCIS looking for to deem that a CMT has been committed? A conviction or a confession of the crime or do they take an arrest to be enough grounds for rejection?

    The letter from court merely mentions that "Till date there has been no prosecution of charges in your case. Please pick up your bond money"
    Is this the same as dismissal?

  4. #4
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    Default Re: Citizenship Application After A Shoplifting Arrest

    If your bond was released because no charges were ever formally made, that's different from a dismissal after charges are filed. I have no access to the court records to find out what happened in your case.

  5. #5
    Join Date
    Jun 2007
    Posts
    11

    Default Re: Citizenship Application After A Shoplifting Arrest

    what was the title of your conviction? misdemeanor? infraction?
    is retail fraud 3 a misdemeanor?..
    i am in a similar situation so I am wondering if i would be stopped at reentry as well..

  6. #6
    Join Date
    Jun 2007
    Posts
    3

    Default Re: Citizenship Application After A Shoplifting Arrest

    After further digging, I was able to find out that there were no formal charges made by the police department. The police department asked the court to return the bond as a warrant was denied. The police department is not willing to provide any documentation other than a copy of the letter they sent to the court.

    Does this scenario indicate a CMT against me and would it lead to denial of my application?
    IS this copy sufficient for my citizenship application?
    The arrest still shows up on my criminal record. The court has told me that it should not but the Police department says that the arrest will always show up. Is this an issue when I need to do criminal checks for employment?

    Thanks.

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