Will my son not be able to get his conditions removed?

[aussie girl 1]

My 19 year old son will become eligible to apply for I-751 on July 4th. However, I am worried about below, please read:

During Halloween, my son was involved in an incident where he and his friends were stopped and warned by a policeman when they stupidly parked the car in a 'No trespassing' street. This place is well known to Halloweeners as its a haunted place and because of this during Halloween, the police is extra conscientious in booking/charging kids who have intentions of going to the haunted house. Anyway, my kid and his friends didn't even had a chance to get out of the car when the policeman showed up and warned them about being in a 'No Tresspassing' zone. The policeman let them off with a warning. But anyhow, last April, my son and his friends received a letter that stated he is a candidate for community service program. He followed the instructions and completed the 24 hrs community service and did all the paperworks in time. However, it appeared that the papers did not reached the district court and he got a letter to appear in a prosecution. So, we attended the prosecution on the stated date and time and because he did the community service already the prosecutor did not prosecute him and entered a 'Nolle Prosequi' on his papers. My question is, what papers should he include in his application for I-751. We know he has to tell INS about this incident but the prosecutor got the original papers that states he had completed the community service. We only have the letter that we got a week after which states his case was not prosecuted and he had satisfied all the requirements and they entered 'Nolle Prosequi'. Is this case a criminal record? We are thinking of applying for his record to be expunged, if he did have a record. We don't know if he does. How can we find out? if it is a criminal case, will this be a factor in preventing him from getting the conditions removed? If he does not get his 10 yr PRC, will he be deported?

[Tinker 0]

nolle prosequi

(no-lay pro-say-kwee) n. Latin for "we shall no longer prosecute," which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a civil lawsuit) either before or during trial, meaning the case against the defendant is being dropped. The statement is an admission that the charges cannot be proved, that evidence has demonstrated either innocence or a fatal flaw in the prosecution's claim or the district attorney has become convinced the accused is innocent. Understandably, usage of the phrase is rare.

Hoping there is a lawyer on here who can tell you if the case even exists anymore.

[Kath 0]

hi aussie girl

i have seen on our clerk of courts where you can look up criminal records and also on the dmv you can apply for a copy if anything is on record ...

what i would be doing is exactly that...do an online search for criminal records in your county...and even if it costs 40 dollars it will put your mind at rest about the situation...

not too sure what impact this would have on the removal of conditions...seeing your son did his community service surely it wouldnt hurt his petition...maybe do a search also on USCIS about it...

fingers crossed that someone else will have a better answer for you mate..

take care and good luck

kath

[aussie girl 1]

hi aussie girl

i have seen on our clerk of courts where you can look up criminal records and also on the dmv you can apply for a copy if anything is on record ...

what i would be doing is exactly that...do an online search for criminal records in your county...and even if it costs 40 dollars it will put your mind at rest about the situation...

not too sure what impact this would have on the removal of conditions...seeing your son did his community service surely it wouldnt hurt his petition...maybe do a search also on USCIS about it...

fingers crossed that someone else will have a better answer for you mate..

take care and good luck

kath

Cheers Kath. I am hoping things will be alright. I will try your suggestion.

aussie girl