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DAP Forums > DREAM Act > The Lounge

Expungement & misdemeanor cases - Page 10

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#91
11-05-2012, 02:31 AM
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Quote:
Originally Posted by cat View Post
Hi everyone i hope someone help me with this thoughts i got.. idk if i qualify :/
i really regret for doing stupid stuff when i was lit.

so i got 2 truancy court from a school 1 when i was 14 the 2when i was 18 and a guilty case from stealing i pay the the same day And got out after a few hours so i can get out and had a 3months probation i was 21 so what does that mean? :/

HELP PLEASE!
You need to specify when you say "stealing"...what was the actual charge? Do you know if it was a felony or a misdemeanor? I wouldn't worry too much about the truancy tickets.
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TEAM NEBRASKA: Application Sent:9/12/2012 ||Application Received: 9/14/2012
G-1145 Notification: 9/20/2012 ||I-797C Received: 9/22/2012||Biometrics Appt: 10/24/2012 - Walk-in 10/9/2012||EAD Approved: 11/20/2012|| SSN Received: 12/10/2012|| TX ID:12/12/2012 ||TX DL: 2/15/2013||LPR:Pending||Citizenship:Pending||Death:Pending
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#92
11-05-2012, 02:50 AM
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cat
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Quote:
Originally Posted by 4justice View Post
You need to specify when you say "stealing"...what was the actual charge? Do you know if it was a felony or a misdemeanor? I wouldn't worry too much about the truancy tickets.
if is either way i still cant apply for the dream act right? and truancy is a misdemeanor? :/
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#93
11-05-2012, 03:01 AM
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Quote:
Originally Posted by cat View Post
if is either way i still cant apply for the dream act right? and truancy is a misdemeanor? :/
Yes it does matter, which is why I was asking. And the DREAM Act is different, this is for deferred action.

If by "stealing" you mean something like burglary, then I would not try to apply. You will not qualify and might end up getting your case transferred to ICE. If it was a petty theft, then you might still qualify since it MIGHT NOT be considered a significant misdemeanor. Your truancy citation at 14 might not be counted at all since it's almost like a traffic ticket (which are not counted) and it happened when you were very young. So what was the actual charge? If you do not want to say, that's fine, but it's important if you want a more accurate answer.

Remember though, this is just for information and it's only my personal opinion. If you have a criminal record, you should talk to an attorney first and ask if you qualify before you send anything in.
__________________
TEAM NEBRASKA: Application Sent:9/12/2012 ||Application Received: 9/14/2012
G-1145 Notification: 9/20/2012 ||I-797C Received: 9/22/2012||Biometrics Appt: 10/24/2012 - Walk-in 10/9/2012||EAD Approved: 11/20/2012|| SSN Received: 12/10/2012|| TX ID:12/12/2012 ||TX DL: 2/15/2013||LPR:Pending||Citizenship:Pending||Death:Pending
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#94
11-05-2012, 03:07 AM
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cat
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Quote:
Originally Posted by 4justice View Post
Yes it does matter, which is why I was asking. And the DREAM Act is different, this is for deferred action.

If by "stealing" you mean something like burglary, then I would not try to apply. You will not qualify and might end up getting your case transferred to ICE. If it was a petty theft, then you might still qualify since it MIGHT NOT be considered a significant misdemeanor. Your truancy citation at 14 might not be counted at all since it's almost like a traffic ticket (which are not counted) and it happened when you were very young. So what was the actual charge? If you do not want to say, that's fine, but it's important if you want a more accurate answer.

Remember though, this is just for information and it's only my personal opinion. If you have a criminal record, you should talk to an attorney first and ask if you qualify before you send anything in.
it was at a store and it was make up.. :/ i know it was so stupid..
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#95
11-05-2012, 09:56 AM
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Cloudless
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Quote:
Originally Posted by cat View Post
it was at a store and it was make up.. :/ i know it was so stupid..
You need to request a letter of disposition from the court that sentenced you to probation. If you qualify for DACA you need to file that letter with your application anyway. That letter will have the exact section number of the law/code you were charged with. If you give us the court name (whether it's state or municipal), the state, the city, and the exact section number, we can figure out if it's a felony, a significant misdemeanor, or just a misdemeanor.

Shoplifting is usually considered petty theft, which is different from burglary where you break into someone's property. As such I don't think yours is a significant misdemeanor that disqualifies you from DACA, but I can't know for sure without the section number.
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#96
11-05-2012, 10:56 AM
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cat
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Quote:
Originally Posted by Cloudless View Post
You need to request a letter of disposition from the court that sentenced you to probation. If you qualify for DACA you need to file that letter with your application anyway. That letter will have the exact section number of the law/code you were charged with. If you give us the court name (whether it's state or municipal), the state, the city, and the exact section number, we can figure out if it's a felony, a significant misdemeanor, or just a misdemeanor.

Shoplifting is usually considered petty theft, which is different from burglary where you break into someone's property. As such I don't think yours is a significant misdemeanor that disqualifies you from DACA, but I can't know for sure without the section number.
ummmkay what should i say for them to send me all the files from my court papers?
and thank you very much for this orientation for the ones that are replying to this
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#97
11-05-2012, 11:47 AM
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jrpallares
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Quote:
Originally Posted by 4justice View Post
Yes it does matter, which is why I was asking. And the DREAM Act is different, this is for deferred action.

If by "stealing" you mean something like burglary, then I would not try to apply. You will not qualify and might end up getting your case transferred to ICE. If it was a petty theft, then you might still qualify since it MIGHT NOT be considered a significant misdemeanor. Your truancy citation at 14 might not be counted at all since it's almost like a traffic ticket (which are not counted) and it happened when you were very young. So what was the actual charge? If you do not want to say, that's fine, but it's important if you want a more accurate answer.

Remember though, this is just for information and it's only my personal opinion. If you have a criminal record, you should talk to an attorney first and ask if you qualify before you send anything in.
Larceny is not being considered a significant misdemeanor for DACA if i remember correctly.
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#98
11-08-2012, 05:25 PM
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dado123
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I am no longer convicted of a DUI, in a nut shell conclusion of expungement in lawyer terms:
It states that your plea of guilty is set aside and that a plea of not guilty is entered. In addition, the complaint is dismissed.
Woot ! Woot ! Now planning on submitting my DACA Application before thanksgiving...
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#99
11-08-2012, 05:54 PM
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Cloudless
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Quote:
Originally Posted by cat View Post
ummmkay what should i say for them to send me all the files from my court papers?
and thank you very much for this orientation for the ones that are replying to this
Go to that court house, then talk to the clerk and ask for the 'disposition letter' for your case. Some courts charge a small amount of money for it, like 5-10 bucks.
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#100
11-08-2012, 06:11 PM
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turboek99
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Quote:
Originally Posted by jrpallares View Post
Larceny is not being considered a significant misdemeanor for DACA if i remember correctly.
Very interesting to know,because I have theft charge on record and if I got deffered probation(supposedly off record if getting job or so,but still showed on FBI background check)I hope its not a big problem,also does the larceny amount make a diffrence to them?
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