I will finalize my DACA forms next week with my lawyer, but I am still scared about my past criminal record!
I was cited for petty theft 484(a), and Receiving stolen property 496(a) in California.
I have since gotten my cased dismissed by PRE-Trial diversion for both counts.
My concern is with 2nd count. It reads receiving stolen property on my DOJ livescan, minutes and disposition court documents. But, It also uses the phrase "through extortion" at the end of the misd. complaint/narrative from the Attorney General . I am afraid it will reflect terribly during review!
I never threatened, forced, spoke or demanded. How can I defend myself?
Will a dismissed case be enough? Please advise with guidance or ?'s I can my lawyer.
Thank you so much! This community rocks!
When you apply for DACA, DHS looks at the totality of the circumstances. This means that not one offense or deficiency will lead to denial. Rather, DHS will look at everything together and make its determination. With that said, criminal convictions are different. If you have 3 non-significant misdemeanor crimes, you'll have a bar to deferred action.
It seems that you have two charges, but no convictions. An important thing to determine is if these charges arise from one incident or are they two separate incidents? Also, is the receiving stolen property charge a felony charge or a misdemeanor?
Even where no criminal bar is present, you are not guaranteed a grant of DACA. DHS can exercise discretionary denial to deny your petition.
I highly suggest you meet with an immigration attorney in person to fully discuss your facts and your crimes. With your criminal history, I think a consultation is definitely worth it. I wish you all the best.
Normally, a conviction that involves theft functions as a bar to admissibility as it is considered a "crime of moral turpitude." In your case, however, you did not suffer such a conviction, as your charges were dismissed per pre-trial diversion. Diversion is dismissal of charges in the interest of justice. And an offense that is dismissed in the interest of justice should not affect your immigration relief. However, as another attorney pointed out, the decision to deny your application is discretionary and that discretion can be affected by the specifics of your case. I recommend you contact an immigration attorney who is well versed in the immigration consequeces of criminal offenses/convictions.
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