If my criminal background appears "Diversion" not DUI will this jeopardize my Citizenship application?

Question

Im pleaing no contest to a DUI charged against me and I elect to do "Diversion". I know it will eventually say "Diversion" not DUI, will this jeopardize my application for citizenship?

It's been 2 months since I got finger printed and I'm just waiting for an interview. People don't understand that Diversion is not a DUI!

Answer 1

Sorry-for the first answerer. I remember you got stopped for failure to yield and scored a .07 on the BAT. I, also, would not rely on these answers. How close are you to citizenship? The diversion will appear until the diversion period is over, although I doubt they do background checks on immigrants if your citizenship application is almost ready to be granted. Those are done somewhat early in the process after you apply. However, I would ask an immigrantion law attorney or even the INS office itself. I believe this will not affect your application, but I cannot be sure. Check with an expert.

Answer 2

It doesn't come off because it's a misdemeanor. You can get an expungement from the record. The expungement process begins with the filing of a motion and petition with the same court in which the conviction to be expunged took place. The matter is then normally sent to the probation department for review. Probation then submits a report to the court and the matter is set for a hearing. Once the expungement is granted, the conviction is set-aside, a plea of not-guilty entered and the case is dismissed. The court then sends a copy of the order to the Department of Justice to update the individual’s criminal record.

Answer 3

Don't listen to the Crime-Free Angels insulting you, when they don't know you. In any case, consult a lawyer, as they have this notion of "guilt in perpetuity" which means they consider you guilty even if the outcome is 'diversion'.

You may be denied and asked to reapply in 5 years if you during that time you do not have an infraction.

Also find out what your maximum jail sentence for your crime is and if it is less than year it's fine with them, but if it's more, it's considered a "deportable" crime.

Answer 4

Diversion programs are usually used for rehabilitation! Be honest and I don't think it should be an issue. I think felonies and certain types of misdemeanors they are looking for! Mainly around drugs and violence.

A 1st time DUI conviction in my state is not a criminal charge! The second is!

Answer 5

I would not worry about it in the least. A DUI is still a minor infraction, diversion makes it even more so.

Answer 6

Convictions are a matter of public record and when suppressed the only record will be the arrest and the conviction is moot.

Answer 7

So you are not even a citizen in this country yet and you have already decided to break our laws. I personally hop there is a big red flag that comes across the screen that says "DEPORT DEPORT-DANGER TO SOCIETY" then they throw you on the first plane back to your own country. We have enough drunk drivers on our roads now, we don't need to import them.

Answer 8

Your 'diversion" might make you a person of not good moral character for five years.

In citizenship application, you "have the burden to show, by a preponderance of the evidence, that she is eligible in every respect to become a United States citizen, and any doubts are resolved in favor of the United States. Berenyi v. Dist. Dir., Immigration and Naturalization Serv., 385 U.S. 630, 637, 87 S. Ct. 666, 671, 17 L. Ed. 2d 656 (1967). "The freedoms and opportunities secured by United States citizenship long have been treasured by persons fortunate enough to be born with them, and are yearned for by countless less fortunate. Indeed, citizenship has been described as 'man's basic right for it is nothing less than the right to have rights'." Fedorenko v. U.S., 449 U.S. 490, 522, 101 S. Ct. 737, 755, 66 L. Ed. 2d 686 (1981). Because the right to become an American citizen is such a precious one, no less precious than the right to liberty and life, there must be strict compliance with all the congressionally imposed prerequisites before conferring citizenship. Fedorenko v. U.S., 449 U.S. at 506-507, 101 S. Ct. at 747. [**10] Thus, there is no materiality requirement as it relates to false testimony. Kungys v. U.S., 485 U.S. 759, 779, 108 S. Ct. 1537, 1551, 99 L. Ed. 2d 839 (1988).

The relevant statutory requirements for naturalization that pertain to this case are as follows: No person, except as otherwise provided in this subchapter, shall be naturalized unless such applicant,

(1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months,

(2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, and

(3) during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States. 8 U.S.C. @ 1427(a).

The statute further defines good moral character: No person shall be regarded as, or found to be, a person of good moral character who, during the period for which good moral character is required to be established, is, or was -

(1) a habitual drunkard;

(2) Repealed. . . .

(3) a member of one or more of the classes of persons, whether inadmissible or not, described in paragraphs (2)(D)[regarding prostitution], (6)(E)[regarding smugglers of illegal aliens], and (9)(A)[regarding aliens previously removed] of section 1182(a) of this title; or subparagraphs (A) and (B) of section 1182(a)(2) of this title and subparagraph (C) thereof of such section (except as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana), if the offense described [*910] therein, for which such person was convicted or of which he admits the commission, was committed during such period;

(4) one whose income is derived principally from illegal gambling activities;

(5) one who has been convicted of two or more gambling offenses committed during such period;

(6) one who has given false testimony for the purpose of obtaining any benefits under this chapter;

(7) one who during such period has been confined, as a result of conviction, to a penal institution for an aggregate period of one hundred and eighty days or more, regardless of whether the offense, or offenses, for which he has been confined were committed within or without such period;

(8) one who at any time has been convicted of an aggravated felony (as defined in subsection (a)(43) of this section). The fact that any person is not within any of the foregoing classes shall not preclude a finding that for other reasons such person is or was not of good moral character. 8 U.S.C. @ 1101(f).

To be on safe side, you should file after five years of "diversion" date. Consult local immigration attorney. Do not rely on this alone.