Misunderstood conviction of crime and ticked box wrong

[ClassyFisherman 1]

I just realized a gigantic mistake and I need help trying to fix it. 
On my DS-260, for the question about having been convicted of a crime I checked “No” because I’ve never been arrested and thought I’d never been convicted because from what I understood my conviction had been forgone in the one criminal case I’d ever had to do with. 
 

When I was nineteen I was asked to court for “accessory to commit fraud” - but the case was ultimately closed and nothing came of it.  
The final paper said “case dismissed” so my brain thought this wasn’t a conviction. I never went to court and didn’t even have any of the documents. I can’t imagine I’m the only person this has happened to. If something was dismissed you automatically think it wasn’t a conviction don’t you? 

 

I was fully prepared to mention this case on my interview to be fully transparent and I had already set aside any documents I had to give to the consular officer despite it having been dismissed but I didn’t realize that this was considered a conviction or I would have clicked yes. I wasn’t at all trying to hide it. 
 

When we were filling out the form my husband and I googled what a conviction was and our findings brought us to think this wasn’t one. 
 

Our mistake seems to have been that we didn’t google wether this was a “conviction” in the eyes of immigration because in some back corner of the internet I finally found out that immigration has a different definition of the word than the “real world” 

 

My interview is this week and I just found out my mistake yesterday 😣

 

I have the papers and I’m still planning to bring it up at the interview but I’m terribly worried they’re going to think we ticked this box wrong on purpose.

 

I want to do everything correctly and I’m already so upset I messed this up, how can I fix it now? 

Edited November 15, 2022 by ClassyFisherman

[Mike E 11,739]

Why do you think “case dismissed” means conviction?

 

Were you required to pay a fine, do community service, do probation?

Edited November 15, 2022 by Mike E

[Boiler 45,525]

Were you not arrested?

[ClassyFisherman 1]

I was not arrested. Just sent a letter from the court to tell us that they opened a case against me.

 

The case was dismissed after I paid back the money they said I “gained” from it. Which was like 2000€ I think.  
 

This was all handled by the family lawyer and my father so I didn’t hear much about it. 
 

never went to court, never spoke with a judge or anyone for that matter. 
 

the court immediately said to pay the money back and dismissed the case. 

Edited November 15, 2022 by ClassyFisherman

[Mike E 11,739]

Doesn’t sound a like a conviction. It is however something to disclose. Prepare for the worst. 

[ClassyFisherman 1]

If it helps the exact verbiage was “refraining from prosecution under conditions and instructions.” 
 

meaning I had to pay the money back and they dropped the case before it ever came to a trial. 
 

Is this a conviction or no? Did I mess up by saying “no”?

[Boiler 45,525]

was this a criminal court?

[ClassyFisherman 1]

Yes.

 

the case was dismissed before a trial even happened. This is what made me think it wasn’t a conviction. 
 

I’m beginning to think that the big factor deciding wether or not it counts as a conviction is the finding of guilt? 
 

It makes it even more complicated because the two countries laws are so different. 

 

From uscis I found this “If the accused is directed to attend a pre-trial diversion or intervention program, where no admission or finding of guilt is required, the order may not count as a conviction for immigration purposes.”

 

 

 

 

[ClassyFisherman 1]

I did. some more digging and it seems I was correct in the first place when I ticked off “no”

 

according to uscis it isn’t a conviction if the outcome was “Nolle prosequi” 

 

I put “Nolle Prosequi” in the translator and it said the exact phrase it says in my court docs. 
 

So not a conviction. Should I still bring it up or wait for them to bring it up? 

[carmel34 3,633]

If you eventually decide to naturalize as a US citizen, you will have to disclose this on the N-400.  The questions on the N-400 are much broader than the DS-260, and include a requirement to disclose any information even if just cited or charged, whether the case was eventually dismissed or not.

 

 

[ClassyFisherman 1]

41 minutes ago, carmel34 said:

If you eventually decide to naturalize as a US citizen, you will have to disclose this on the N-400.  The questions on the N-400 are much broader than the DS-260, and include a requirement to disclose any information even if just cited or charged, whether the case was eventually dismissed or not.

 

 

I do understand that but did I have to disclose this now? Since it wasn’t an arrest or conviction? 

[Family 3,988]

Yes, you must disclose . Make sure you carry the certified court disposition records with you . It will not have a negative effect on you .
 

A nolle prosequi disposition must be disclosed on all immigration and visa applications even though it isn’t a conviction

https://jgoldlaw.com/what-are-the-immigration-consequences-of-a-nolle-prosequi-criminal-disposition/

[ClassyFisherman 1]

4 minutes ago, Family said:

Yes, you must disclose . Make sure you carry the certified court disposition records with you . It will not have a negative effect on you .
 

A nolle prosequi disposition must be disclosed on all immigration and visa applications even though it isn’t a conviction

https://jgoldlaw.com/what-are-the-immigration-consequences-of-a-nolle-prosequi-criminal-disposition/

Thank you! I’ll carry the documents with me to the interview. 

[Calicolom 266]

5 hours ago, carmel34 said:

If you eventually decide to naturalize as a US citizen, you will have to disclose this on the N-400.  The questions on the N-400 are much broader than the DS-260, and include a requirement to disclose any information even if just cited or charged, whether the case was eventually dismissed or not.

 

 

I work in jails and prisons, when my wife was interviewed for her N-400, she was asked, if she ever been to jail. She sayed yes, we work sometimes in jail, as outside contractors. The interviewer  told her, good thing you were honest, when you show your driver's license, as an ID to enter jail, I have this record. Talking about keeping records. FBI keeps records of arrest for ever. last I heard they were working on arrest records from 50 years ago. I am talking about an arrest, even if you were found innocent. The best way to find out, is to apply for a concealed carry permit.

[ClassyFisherman 1]

I fully believe this. 
Thankfully I was never arrested and planning to always be honest but do I wait for them to ask about it or do I bring it up first?