N400 and Expunged record

[Antonioseyers 1]

Hello everyone I was arrested for possession of marijuana back in 2016  < 50g  and was put on conditional discharge and completed it that year in may.

 

My record was expunged due to the new jersey decriminalization law.   My question is for the application I've been asked the following :

 

 

Information about your arrest(s)

If you have ever been arrested or detained anywhere in the world, by any law enforcement officer, for any reason, and no charges were filed, upload clear images of these documents:

• An original or court-certified arrest report
• An official, certified statement from the arresting agency or applicable court confirming that no charges were filed

Information about alternative sentencing or rehabilitative programs

If you have ever been convicted or placed in an alternative sentencing program (such as diversion) or rehabilitative program (such as a drug treatment or community service program), upload clear images of these documents:

• An original or court-certified sentencing record for each incident
• Evidence that you completed your sentence, such as a probation record, parole record, or evidence that you completed an alternative sentencing program or rehabilitative program. Copies must be certified by the issuing agency.

Information about arrest(s) or conviction(s) removed from your record

If you have ever had any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from your record, upload clear images of these documents:

• An original or court-certified court order vacating, setting aside, sealing, expunging, or otherwise removing the arrest or conviction from your record
• An original statement from the court that no record exists of your arrest or conviction

You must provide the documentation even if someone including a judge, law enforcement officer, or attorney told you that you no longer have a record or told you that you do not have to disclose the information.

 

 

 

I have my certification of expungement  certified by the superior court indicating that my conditional discharged was completed in 2017 and that my arrest/conviction is deemed not to have occurred.

 

How do I go about 

• An original or court-certified arrest report
• An official, certified statement from the arresting agency or applicable court confirming that no charges were filed
• An original or court-certified sentencing record for each incident
• Evidence that you completed your sentence, such as a probation record, parole record, or evidence that you completed an alternative sentencing program or rehabilitative program. Copies must be certified by the issuing agency.

Do I need to provide this or my certification of expungement is enough for USCIS.

 

 

[Boiler 45,478]

Expungement is not a thing for Immigration hence the wording, best to avoid it if possible because it can be difficult getting the documentation.

[Antonioseyers 1]

It was unavoidable since it is a law passed by the state of new jersey, which essentially wiped my record.  Based on your expertise will I be fine with the Certification which indicates that my arrest/conviction is deemed not to have occurred. or Will I get an RFE? which would make no sense since the court will tell me theres no record.

[Boiler 45,478]

I would document everything to avoid the RFE, hopefully. Presumably you have the paperwork from the conviction.

[Chancy 6,241]

*** Moved from US Citizenship Progress Reports to General Discussion ***

 

[FriendlyUser 42]

I would definitely provide ALL the paperwork (*not a legal advice): the fact that your record was expunged doesn't mean that this record has never existed before. As far as I understand, Federal agencies like USCIS have access to complete criminal history of all applicants, including expunged records. Just be truthful: it will attest to your moral character. Besides, possession of less than 50gr of marihuana was not a big deal in NJ even back then (not like [some other country] where you can get almost 10 years for less than 7gr). So just provide everything and don't stress about it.  

[igoyougoduke 1,656]

16 hours ago, Antonioseyers said:

It was unavoidable since it is a law passed by the state of new jersey, which essentially wiped my record.  Based on your expertise will I be fine with the Certification which indicates that my arrest/conviction is deemed not to have occurred. or Will I get an RFE? which would make no sense since the court will tell me theres no record.

federal immigration does not care about state laws. state laws are completely irrelevant with federal law. Federal law supersedes state law when it comes to immigration. Fed's dont care if you tell some willy wonka judge expunged your case cause the state decided to do it

 

Get ready to provide documentation if not your case will likely be denied. Marijuana is still illegal as per federal law 

 

 

[Antonioseyers 1]

thanks for the advised. I will get a copy of my sealed record from the state. I hope this will show everything they need. 

[JeanneAdil 6,497]

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2

 

A record of conviction that has been expunged does not remove the underlying conviction.^[22] For example, an expunged record of conviction for a controlled substance violation^[23] or any crime involving moral turpitude (CIMT) does not relieve the applicant from the conviction in the immigration context

[Mike E 11,739]

You should not be doing this without an attorney since drug offenses can be a permanent ban.

[FriendlyUser 42]

11 hours ago, Mike E said:

You should not be doing this without an attorney since drug offenses can be a permanent ban.

I'm actually taking my words back. It's not as easy as it first seemed to me. See this link (dated 2019 though): https://www.bal.com/bal-news/uscis-marijuana-violations-prevent-good-moral-character-showing-for-naturalization-eligibility/

 

Seems like Mike E and Igoyougoduke are right and and you will have to do some extra work. 

 

According to 2019 USCIS policy guidance from this article, "Naturalization applicants who are involved in marijuana-related activities may be deemed to lack good moral character if found to have violated federal law, even if such activity is legal under state or foreign laws. [...] Possession of marijuana [...] may constitute conduct that violates federal controlled substance laws and could be considered a basis for denying naturalization for failure to establish “good moral character”—even where the person was never arrested or charged with a crime and complied with state (but not federal) law."

 

On a positive note, it only "MAY" or "COULD" be a basis for denial, which means you still have an opportunity to prove them your "good moral character" and be approved for naturalization.

 

So I agree with Mike E, get a lawyer to help you properly present all the possible evidence of your "good moral character". 

[Antonioseyers 1]

20 hours ago, JeanneAdil said:

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2

I thank each and everyone of you for providing feedback. I will seek for a lawyer.  I also found this information from Uscis.

A simple minor offense of marijuana will not affect my case but then again we never know what can happened.so I will find a lawyer to handle this matter.

 

Exception for Single Offense of Simple Possession

The conditional bar to good moral character does not adhere “if the violation was for a single offense of simple possession of 30 grams or less of marijuana.” (Emphasis added.) The exception also applies to paraphernalia offenses provided that “the paraphernalia offense is 'related to' simple possession of 30 grams or less of marijuana.”

[JeanneAdil 6,497]

18 minutes ago, Antonioseyers said:

I thank each and everyone of you for providing feedback. I will seek for a lawyer.  I also found this information from Uscis.

A simple minor offense of marijuana will not affect my case but then again we never know what can happened.so I will find a lawyer to handle this matter.

 

Exception for Single Offense of Simple Possession

The conditional bar to good moral character does not adhere “if the violation was for a single offense of simple possession of 30 grams or less of marijuana.” (Emphasis added.) The exception also applies to paraphernalia offenses provided that “the paraphernalia offense is 'related to' simple possession of 30 grams or less of marijuana.”

I am saying just to include the info as immigration wants to know everything about u /don't leave it out/ if its not important to the officer,   then no need to worry