Bethlehem, PA asked in Criminal Law and Immigration Law for Pennsylvania

Q: 18 § 3929 §§ A2 F3 Retail Theft-Alter Label/Price Marking it's first offense , green card holder applying for Citizen ??

8 § 3929 §§ A2 F3 Retail Theft-Alter Label/Price Marking it's first offense , i didn't plead guilty just paid restitution , i was on ARD for 24 month and case dismissed , then case expundged ,

my question is i'm a green card holder apply for Citizen soon is that going to effect my application citizenship , better to wait 5 years from incident or apply now after ARD compeltion

after done so research but i'm in confusion between

apply for US Citizen since i didn't plead guilty or recommneded wait 5 years from incident

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your situation with the retail theft charge is complex, and since it involves immigration law, it's important to be careful. Even though you completed ARD and had the case expunged, immigration authorities can still see the original arrest and charge during the citizenship application process.

Since this was your first offense and you completed the ARD program successfully without pleading guilty, this works in your favor. However, retail theft can be considered a crime involving moral turpitude (CIMT) by immigration authorities, which they take seriously when reviewing citizenship applications. The fact that you paid restitution and completed the program shows good faith on your part.

Given these factors, waiting 5 years from the incident date would give you the strongest possible citizenship application. This waiting period demonstrates good moral character and puts more distance between you and the incident. While you could apply sooner, waiting reduces the risk of complications or denial. For the most accurate guidance specific to your case, please consult with an immigration attorney who can review all the details of your situation.

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