Lawyer up for a case involving a criminal record?

[Scazy 78]

Hi, I’m asking on behalf of my co worker who’s going to file I 751 next month. Prior filing for AOS he’s been arrested for a crime involving moral turpitude but case was Nolle Pross (not prosecuted) without any admission of a guilt. He submitted petition for AOS with a lawyer and approved without any issues. Now it’s time to file i751 and lawyer just quoted him 3k. He believes he can easily submit petition and evidences himself, however uncertain if his past record would affect it. He has a certified court disposition with Nolle pros. In my opinion, since all information regarding arrest and outcome was submitted during AOS and approved ( and confirmed by the lawyer that would not cause an issue at that stage), chances are he’s good to file himself I 751 and submitting a disposition with a petition, but I have a very little knowledge on this matter so figured I’ll ask here for other options. 

Thank you 

[bakphx1 789]

I don’t think they look at anything already seen for ROC.  It’s not about second guessing the decision to give AOS.  They generally are checking that nothing’s changed in terns of the marriage.  

[Scazy 78]

36 minutes ago, bakphx1 said:

I don’t think they look at anything already seen for ROC.  It’s not about second guessing the decision to give AOS.  They generally are checking that nothing’s changed in terns of the marriage.  

Thank you!So you think just a final disposition of the record would be sufficient? 

Edited June 27, 2018 by Scazy

[bakphx1 789]

 

1 hour ago, Scazy said:

Thank you!So you think just a final disposition of the record would be sufficient? 

That should already be part of the record, unless the adjudication was later.  I would have copy available, but the review should be about the time period after AOS till now.  The vetting from before shouldn't change. 

[Scazy 78]

10 hours ago, bakphx1 said:

 

That should already be part of the record, unless the adjudication was later.  I would have copy available, but the review should be about the time period after AOS till now.  The vetting from before shouldn't change. 

Petition is asking “have you ever been arrested...” and instruct you to give an explanation if your answer is yes, so I think it’s important to submit this information upfront even if it was already submitted for AOS. I was just wondering how that might impact I 751 

[bakphx1 789]

1 hour ago, Scazy said:

Petition is asking “have you ever been arrested...” and instruct you to give an explanation if your answer is yes, so I think it’s important to submit this information upfront even if it was already submitted for AOS. I was just wondering how that might impact I 751 

I would put the same information as before to make it match.  Any inconsistency is bad.  But if they have done an AOS, unless there’s anything new, I can’t imagine they would start over reviewing that.  They already have theirs internal documentation of the review, decision and basis for the decision.  Only a new arrest would make that a fresh issue.