CA arrest question, when am I eligible?

[Lolitochka 0]

Dear members,

I have a question and need your advise in my case please:

I have been arrested for shoplifting and spent a night in jail, then have been released, went to the public defender, pleaded not guilty.

judge ordered me to do 40 hrs of community work, pay $250 and to go to the pre-trial diversion program, he gave 4 months to complete all that, and after that he said that all charges would be dropped and case dismissed, I went to court after completing all and judge told me that I am "clean" and that the case was dismissed.

i completed all what i have been ordered, also i payed to the store and received release letter from them saying that they are releasing me from any claims.

I have been charged with:

a Misdemeanor, violation of section 1320(a)PC, conviction of which may result imprisonment in the county jail not exceeding six months, or by fine not exceeding One Thousand Dollars or by both.

i dont know if any of that makes any difference, that it was misdemeanor (petty theft) NOT a felony

So now my question:

I am conditional resident (married to US citizen),

would that be a problem that I have been arrested but case dismissed and charges dropped, while applying to remove conditions from my GC?

When am I eligible to apply for naturalization? One lawyer told me that since I plead not guilty and the case was dismissed (and there was no conviction) that I would be eligible to apply for naturalization after 3 years (minus 6 month) from the date my green card was issued, is that true? is that possible? What papers do I need to prepare? I already got certified copies of all court minute dockets.

Thanks a lot in advance

PS: In CA you dont have to enter any plea in order to qualify for pre-trial diversion program.

[dougyceci 0]

Not sure what ramifications it wil have but in Colorado when everything is dropped with a deferred judgement, by completing terms set by the judge, nothing shows on your record. As far as being charged, I guess you will have to mention that if they ask. If not, it will not show up as a criminal record from what I am aware of.

[Satellite 1]

When am I eligible to apply for naturalization?

Look over the N-400. The questions at the end ask you to check off if you have ever:

"Have you ever committed a crime or offense for which you were not arrested?

Have you ever been arrested, cited or detained by any law enforcement officer

(including USCIS or former INS and military officers) for any reason?

Have you ever been charged with committing any crime or offense?

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?

Have you ever been in jail or prison?"

http://www.uscis.gov/files/form/N-400.pdf

So some of these will apply to you. This does not bar you from applying for naturalization. But it will have a bearing on your good moral character analysis. It is totally discretionary. A petty theft is considered a CMT in the eyes of immigration. CMT's are no longer taken into consideration 5 years after they occurred. But your count will be dropped so talk to an immigration attorney about what effect that will have if any.

Go to:

http://www.ilrc.org/Cal_DIP_Chart_by_section.pdf

It has a chart of the consequences of certain California crimes and their effects on immigration.

I don't think you were charged with PC§1320(a) which states:

"Every person who is charged with or convicted of the commission of a misdemeanor who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a misdemeanor. It shall be presumed that a defendant who willfully fails to appear within 14 days of the date assigned for his or her appearance intended to evade the process of the court.

http://www.leginfo.ca.gov/cgi-bin/waisgate...action=retrieve

You were probably charged with PC§484:

http://www.leginfo.ca.gov/cgi-bin/waisgate...action=retrieve