Frederick, MD asked in Immigration Law for Maryland

Q: I need help.

I was interviewed for my naturalization process on Dec 2017. I passed the civics question, written and also reading. I admitted I had a PBJ for theft under 500 which happened back in 2005, which was expunged in 2010. I had just gotten notice that they are requesting initial evidence. I gave them the expungement letters, that is all i have. I called the courthouse and asked if they can provide anymore evidence for that expunged case, but they said they couldn't since they dont have a record of it any longer since it has been destroyed. What should i do? Is my petition going to be denied? Please help me.

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: Who was your lawyer for the case? That should be your first contact, because they may still have their file on the matter. Alternatively you can try to file a motion to unseal the expunged record, which is possible so long as the physical file has not yet been shredded under the State document retention law. Unfortunately, a pbj is treated the same as a conviction for immigration purposes, and may bar you from obtaining citizenship, so this is very serious. It may even trigger deportation proceedings. Therefore, I advise that you first retain an immigration attorney with extensive criminal defense experience who can review any other forms of relief that might undo the underlying guilty plea or finding that was the basis for the PBJ disposition. Do not continue pursing naturalization without a lawyer. Did your lawyer who represented you on the PBJ offense explain to you the consequences of that disposition to your legal status in this country? If not, that would be ineffective assistance of counsel and provide a constitutional ground to overturn the result. Good luck to you, but do not delay finding experienced counsel.

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