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  1. #1
    Join Date
    Mar 2010
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    7

    Default Answering N400 Questions 17, 18 and 19

    I have answered yes to all three, but i just want to be sure i am correct.

    I had two arrests:

    FIRST

    In 2000 was arrested and charged with DWI
    These were the dispositions:
    vtl1192.2 - reduced to vtl 1192.1
    vtl 1192.3 - dismissed
    vtl 1192.1 - plead guilty. . Fine, Conditional discharge having to attend to a Drunk driving program and 90 day license suspension.


    SECOND

    In 2005 i was charged with disorderly intoxication.
    The case was nolle prosequi but I had to attend to and Advocate Program similar to the drunk driving program.

    q 17 asks if I was charged, I guess I was no matter of the disposition, right?

    With these dispositions, does it mean that I was convicted?
    I read that vtl 1192.1 is not a misdemeanor but a traffic infraction..
    The other case was nolle prosequi
    So should I answer Yes to Q 18?


    Is the drunk driving and advocate programs consider rehabilitative or diversion programs?
    Should I answer YES to Q19?


    Thanks for your answers

  2. #2
    Join Date
    Sep 2005
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    Default Re: Answering N400 Questions 17, 18 and 19

    You have told us that you were charged with criminal offenses, so quite obviously you would answer that you have been charged with criminal offenses.

    You will have to check with the court to see if you were technically convicted, particularly in association with the first offense. You were convicted of New York VTL 1192.1 which I understand to be a noncriminal traffic offense. But I am not comfortable saying "No, you weren't convicted of a crime" without knowing the full details. Similarly in the second case I don't know if the program occurred as a pretrial deferral, or as a post-conviction deferral. The odds are you don't have a criminal conviction out of those cases, but you don't want to accidentally put down false information.

    Clearly you have participated in "alternative sentencing or a rehabilitative program"; the sentence from the first offense likely qualifies as "a suspended sentence", possibly with probation.

  3. #3
    Join Date
    Mar 2010
    Posts
    7

    Default Re: Answering N400 Questions 17, 18 and 19

    Contacted NY court. I was not convicted of crime but I plead guilty of a traffic infraction/offense

    The second case, I contacted the lawyer who represented me. He said Nolle Prosequi is like being dismissed, so no I was not convicted on the second one.

    Should I answer YES to Q 17 due to the traffic infraction/offense?

  4. #4
    Join Date
    Sep 2005
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    Default Re: Answering N400 Questions 17, 18 and 19

    You have told us that you were charged with criminal offenses, so quite obviously you would answer that you have been charged with criminal offenses.

  5. #5
    Join Date
    Mar 2010
    Posts
    7

    Default Re: Answering N400 Questions 17, 18 and 19

    Sorry, I meant should I answer yes to Q18, have you ever been convicted, based on:
    Contacted NY court. I was not convicted of crime but I plead guilty of a traffic infraction/offense

    The second case, I contacted the lawyer who represented me. He said Nolle Prosequi is like being dismissed, so no I was not convicted on the second one.

    Thanks again

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