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.
This information is intended as general information only. This communication does not establish an attorney-client relationship between me and the asker.
I do not practice immigration law. However it is my understanding convictions not arrests can cause issues. If you got both those charges dismissed you should be alright especially if you have an attorney to assist you in the immigration process.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
I agree with Ms. Hamayel
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.
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.