Honolulu, HI asked in Criminal Law and Immigration Law for Hawaii

Q: I am trying to apply for the N-400 Naturalization. A few questions have me confused.

Have you EVER been convicted of a crime or offense?

Have you EVER been placed in an alternative sentencing or a rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)?

Have you EVER received a suspended sentence, been placed on probation, or been paroled?

I have 2 records that have been expunged. Both disposition for my cases says DISMISSED WITH PREJUDICE. Do I answer YES for Convicted? and YES for Placed in Alternative Sentencing? Also, do I list both charges for conviction? And do I list JUST the 1st count for the Yes to alternative sentencing?

1st Count: Criminal Prop Damage 4-Knowingly damages

Plea: Not Guilty 4/4/17, No Contest 5/16/17

Disposition: Defer-No Contest Plea 5/16/17

Dismissed With Prejudice 11/2/17

Sentence: DANCP (Deferred Acceptance of Nolo Contendere) for 6 Mos. subject to mandatory terms & conditions

2nd Count: Butterfly knife prohibition

Plea: Not Guilty

Disposition: Dismissed w/Prejudice

Related Topics:
1 Lawyer Answer
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
  • Immigration Law Lawyer
  • Philadelphia, PA

A: The convictions are convictions even though they were expunged. Make sure you have copies of the documents from the court, with a seal or stamp from the court to show they are the official records. It is useful to talk with an immigration lawyer before submitting. The American Immigration Lawyers Association and Justia both have attorney directories that you can check for immigration lawyers.

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