What are my chances? Prostitution charge and used a alias.

[I AM NOT THAT GUY 5,715]

NO FELONY CONVICTIONS ARE eligble for expunction. Single arrests are. I don't say something unless I know first hand what I'm saying.

http://felonyguide.com/Expungement-of-Felony-Conviction.php

[Ban Hammer 13,110]

cease the bickering and baiting, concentrate on helping the op with meaningful advice.

[Robert&Karen 264]

Expungement takes a court order, only affects the local record, and does not remove the record, if any, from the FBI database.

The FBI database will be updated to show the expungement, but you are correct, nothing will be erased.

NO FELONY CONVICTIONS ARE eligble for expunction. Single arrests are. I don't say something unless I know first hand what I'm saying.

Technically no. In California you have to first reduce the felony conviction to a misdemeanor (1203.4PC), and then expunge the misdemeanor. Not all felonies are eligible and those that are are considered "wobblers." This will not give you your firearms rights back unless you also file for a 17PC. So you are correct, a felony cannot go directly to zilch in one step. Once again, not all felonies are eligible for reduction and it also depends on if you served any time and at what level. Every state is different.

Other methods include a gubernatorial or presidential pardon. You may as well buy a lottery ticket however.

Some states do not allow expungement of felonies. But be that as it may she has no conviction nor statement of no-charge because she skipped out and never appeared in court. She has a pending case that has to be resolved prior to the AOS being approved or denied.

[Joandjo 20]

The FBI database will be updated to show the expungement, but you are correct, nothing will be erased.

Technically no. In California you have to first reduce the felony conviction to a misdemeanor (1203.4PC), and then expunge the misdemeanor. Not all felonies are eligible and those that are are considered "wobblers." This will not give you your firearms rights back unless you also file for a 17PC. So you are correct, a felony cannot go directly to zilch in one step. Once again, not all felonies are eligible for reduction and it also depends on if you served any time and at what level. Every state is different.

Other methods include a gubernatorial or presidential pardon. You may as well buy a lottery ticket however.

THis is NOT correct. There is NO indication of an arrest on my FBI background check. I've seen the evidence of this twice.

[Robert&Karen 264]

THis is NOT correct. There is NO indication of an arrest on my FBI background check. I've seen the evidence of this twice.

I guess we can add then YMMV.

[Ban Hammer 13,110]

an airstrike is enroute. if you two wish to continue your conversation, go start a topic about it and cease hijacking this one with the bickering.

[I AM NOT THAT GUY 5,715]

I guess we can add then YMMV.

n.m.

Edited January 11, 2012 by ☼

[together4evr 360]

Charles,

I do not feel they are bickering. I think they are just educating us with personal experiences and opinions.

[Robert&Karen 264]

I never intended to bicker. We can both be right. With the number of states and number of laws out there, so many permutations and combinations can arise. You can have a bank robber with a reduced conviction and a shoplifter who cannot get it dismissed. The success of one person in no way conveys success in another's case. But hey, give it a shot, you can't lost anything by trying.

in this case where there is not yet a conviction, I'd be pleading with the judge and prosecutor for mercy any way I could!

[Phil & Alla 26]

From a law enforcement point of view:

I can only speak about California where I was in law enforcement for 26 years, so not knowing the state this occurred in, it is hard to determine the crimes committed.

The act of prostitution in most states is a misdemeanor, however once a person uses another’s name other than their own, it is not identity theft, it is providing false information to a peace office, also a misdemeanor in most states. Now if the name given is that of a true person and that person could suffer any determent from the act of her name being used falsely, such as being prosecuted for a crime they did not commit, which appears to be the case here, it becomes a felony.

Now here it says the case was dropped but, her friend is trying to get the case “expunged”. The only thing that can be expunged is a criminal convection, so from what has been said, the friend was convicted, the case was not dropped. Yes you were right in telling the I/O you were not charged, but they did not know who you were because you did not give your true name at the time of the arrest.

You are right, there is no criminal record in your “real name”, but you were arrested and the crime could not be prosecuted with you, because of giving another’s name. Now that your true identity is known and if a case is pursued by law enforcement you will likely be arrested on the original charge of prostitution or a warrant will be issued for your arrest and the additional charges as sought by the law enforcement.

I am not even going to get into the Visa process, but from my point of view, there is a clear case of deception and that is apparent to USCIS. Day Dreamer, not to sound mean, but your troubles have just begun with law enforcement now that your true identity is known.

The only way you can start to fix this is, get a good lawyer, or go to the law enforcement agency that arrested you and tell them what has happened and own up to what you did, the truth is always best, good luck.

[Day Dreamer 0]

Thank you guys, I guess I have to do what's right. I don't even mind living in Belgium but my husband has his company here, which means we'll have to live seperate.

And it's nobody's fault but mine, I was trying to see if any of you guys had the same experience. I know that every case is different, and do believe in good luck and 2nd chances.

Guess I was lucky at the interview 'cause she could've easily said, you're denied for keeping us this information, so there is still hope.

Worst case scenario I'll just go back to Belgium and keep living, 'cause live goes on!

[Robert&Karen 264]

Please follow up with the results regardless, so that others may learn from your experiences.

[Day Dreamer 0]

I will Robert & Karen, it will be a LONG process. Thank you!

[misswiss 6]

Been through the whole 6 pages and still not understanding why a Belgian girl would come prostitute in the US...let alone in TN...i mean it's not like a eastern european country they're pretty good in Belgium..

Anyway i wish you the best of luck im sure something good is going to happen like you said it seemed she gave you a chance by not denying you at the interview..

God bless