Dissmissed creminal harassment case and n400 time

[Yehuda Kugielsky]

I have a dismissed and was never convicted creminal case for harassment I am filing the n400 and attaching the disposition original form from court
Will my process be delayed more than the regular timeline ??

[jenim]

It depends on how long the FBI back ground check takes to verify what you sent.
Did you also expunge your (arrest or other) records? If the case is already dismissed, it will also help to expunge your records for immigration and other purposes.

[Yehuda Kugielsky]

It depends on how long the FBI back ground check takes to verify what you sent.
Did you also expunge your (arrest or other) records? If the case is already dismissed, it will also help to expunge your records for immigration and other purposes.

Yes it's dismissed
It does mention on the court dissmissel disposition
This is a termenation of the criminal action ...

The arrest shall be restored in contemplation of law to the status occupied before the arrest and prosecution

Does This mean it's wiped of I guess ?

[jenim]

I'm not sure about your state's expungement laws. But if I were you, I will not assume anything. Go to the court, talk to the Prosecutor, ask your township or county police if they can still see an arrest record - if they do, then your arrest record is not sealed or expunged and you may have to legally apply for expunging the record. Dismissal of case may not necessarily mean "arrest" record is sealed/expunged.

You can also do your own background check directly through FBI. There are 2 ways of going about it, as listed in the link below. If you want to see your record quicker, then go with the 2nd option which is through a FBI approved channeler.

https://www.fbi.gov/about-us/cjis/identity-history-summary-checks

In any case, in the N-400, it asks you to list all arrests regardless of the outcome of the case (whether it resulted in a conviction, dismissal, or even if a legal authority told you the case is sealed). When USCIS takes your fingerprints and sends it to FBI for background check, my guess is that FBI will return ALL records on you to USCIS, even if they are sealed. So the expunging thing that I told you above might be useful in general (employment background checks for example), and to prove that no record exists, when you are questioned at the time of Naturalization interview. Even though you're sending the copy of the court dismissal docs etc along with your N-400, be completely prepared to explain, if questioned about the incident leading to the arrest, court disposition etc, during your naturalization interview.