Is this considered a midemeanor?

Hey all,

I was applying for DACA and I became stumped on the question regarding my criminal history. You see, about two years ago, I ignored fire restriction in a national forest and ended up with a 125 dollar ticket.

I wasn't arrested or fingerprinted, I just received a ticket. I paid it on time too!

It is a Class B misdemeanor punishable by no more than 6 months in jail. If I remember correctly, the DACA guidelines say a misdemeanor is one where there is a minimum of five days and a maximum of one year in prison.

Here's the actual law that I broke: http://www.fs.usda.gov/Internet/FSE_...rdb5352237.pdf

I also have an email with the ticket and the confirmation page for paying the citation.

Should I include this in my application?

Thanks!

Does the ticket say it was a misdemeanor? it sounds like an infraction. I don't think is a big deal. I don't really think you need to write it down either. However, to be on the safe side maybe you can look for a nonprofit that is doing free daca help and ask them. That way they can see the ticket directly.

If you are really afraid get a state criminal background check and an FBI one. and do them fast cos they take WEEKS

If you are filling by lawyer, make sure you bring this up and provide them a copy of the ticket and receipt.

The good thing is that you paid the ticket and don't have an arrest warrant out for you.
Since you did not get arrested and finger printed, your DACA eligibility is unaffected. And the important part is that you were not convicted.

You should consult a lawyer though. See if you can find free DACA related legal help.

would a 1 year in jail and a fine of $1000.00 be a problem?i belive to can have up to 3 misdeamenors right??

Op dont list it on your app, dont mention it , it will not come up on the background if you werent arrested, if you answer yes on the criminal history question it might delay your case.

You can have up to 3 misdmeanors but I think it depends on what they are for. If you have any type of criminal record you should speak to a lawyer.

I think I am going to include it...better safe than sorry!

Also, if you look at that link I posted, the law says it is a Class B misdemeanor.
Either way, I just want to send this application out ASAP, i've been delaying for too long

Any other thoughts?

Yes, It is a class B misdemeanor but that means you can be charged like that. It also means that for it to be on your record you have to be convicted of it.

You have to read the ticket. What did the ticket say? It sounds like it was just an infraction.

If you have never been fingerprinted or arrested you really don't have a criminal record, but if you check the box they will be looking for one. If you are going to include it. Write a separate explanation for it on a word document but don't check the box.

Just something like

On this day I received a ticket for $125 dollars from the whatever forest service because I did not know I couldn't have a campfire or whatever is you did.

If you do decide to include it, make sure you go to the courthouse and get the docket records, dispossition, and all that stuff, they have to be certify by the court clerk, if you only send the receipt and the email, you will get an rfe 100% of the time.