When you apply for citizenship, the court is looking for an applicant that is of good moral character. If you are convicted of a crime, you will most likely not be granted citizenship, and most likely will be deported. Therefore, if you are arrested for a crime, you should consult with a criminal defense attorney if at all possible.

Arrest vs. Conviction
It’s important to first know the difference between an arrest and a conviction. The definition of both terms is the same for immigrants and citizens alike. An arrest means that you’ve been detained on a suspicion that you’ve committed a certain crime. However, you are detained based on probable cause and haven’t yet been found guilty. A conviction means that the state was able to prove beyond reasonable doubt that you’re guilty.

By definition, an arrest doesn’t require as much information as a conviction, and if you’re in one of the following situations then it means you haven’t yet been convicted of a crime:

A resolution for your case was determined through probation.
The court has established you as a delinquent through juvenile court, an outcome which is very different from a conviction.
You went through a full trial and were acquitted due to a lack of proof from the prosecutor
The charges against you were dropped after the arrest due to a lack of sufficient evidence on the part of the prosecuting attorney.

When Does an Arrest Matter?
Good moral character is one of the most important considerations that U.S. immigration law takes into account when deciding on a case. Another consideration that U.S. immigration officials will look into is your arrest record. If it’s found that you have had a history of drug abuse or drug trafficking, this will be taken as part of your character assessment. Therefore, it’s not necessary for you to have a conviction in order for the U.S. government to deny your citizenship application.

Prior Arrests
As you undergo the naturalization process, it’s important that you disclose any arrests, convictions, detentions or citations that you’ve been through prior to your application. It’s also in your best interest to reveal whether you’ve engaged in criminal activity, regardless of whether or not you were convicted for those activities.

Keep in mind here that the whole point of this exercise is to prove that you have good moral character and that you have maintained a good record five years prior to your application. This is not to say that officials won’t look into an earlier part of your past because they can go back as far as 10 years if they find something of interest in your history.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.