If I’m applying for a citizenship few months from now and my record was to have been cleared after a year, must I disclose this?
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If I’m applying for a citizenship few months from now and my record was to have been cleared after a year, must I disclose this?
I am a green card holder. About 7 years ago, I had a misdemeanor charge (don’t remember the Class). And I was told that if within a year I “behaved” – the record would “go away” or something like that. So when I will file for a citizenship, there will be a paragraph that requires me to tell them about all charges that I had, even if I was told that the record will go away. So should I tell them about than or not? Will they be able to see this record? I am just afraid that it will affect my application.
Asked on January 17, 2016 under Immigration Law, New York
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You will have to disclose it and submit documentation of the discharge of the misdemeanor or the expungement of that offense. It is best to first find out what the status on that is with the court where this was being tried. When you file for naturalization, part of the process will be a fingerprinting. Once you go for that, any "hits" for prior fingeprintings will come up and you will have the burden of explaining what that was for. So, if you were ever fingerprinted as part of that priro misdemeanor charge, it will come up as a "hit" and you will have to explain it with the relevant paperwork.
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