Posted by Bob Taylor on 10/25/08

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Hello Friends,

My friend was involved in a petty theft issue in May 2004.
Eventually, he was charged as trespassing on Mar 2005 with
2 year probation. After 2 years of probation, the
trespassing charge was expunged in July 2007. He did a FBI
name check and it came out clean with no records in the FBI
database. He also did a fingerprint check in the California
Department of Justice database. There are no fingerprint
records of him in CA DOJ database too.

Actual Charge from the court letter:
The Court ordered based on DA's request that the ---->
complaint 484(A) PC MISD -Theft of property to be amended
by interlineation to add Viloation 602(L) PC Misd -
Tresspass: Occupy Propert without consent as Count 02.
The defendant with the courts approval, pleads NOLO
contendere to Count 02. A violation of Section 602 (L) PC.
The Court finds the defendant guilty.
Court is convicting the defendant on Count (02), a
violation of Section 602 (L) PC.
Court finds that there is a factual basis for defendant's
plea and the court accepts the plea. Court gives the
following judgment:
As to Count (02), a violation of Section 602 (L) PC, the
Imposition of any sentence is suspended.
The Defendant is placed on Summary Probation for a period
of 24 months under the following terms and conditions:
Pay a fine of $200.00
Plus a state penalty fund assessment of $400.00
Plus a $40.00 Criminal Fine Surcharge (Pursuant to 1465.7
P.C.)
Plus a $10.00 citation processing fee (Pursuant to 1463.07
G.C.)
Plus a $20.00 Court Security Assessment (Pursuant to 1465.8
(A)(1) P.C.)
Plus a $30.00 Installment and Accounts Receivable Fee
(Pursuant to 1205(D) P.C.)

Other information based on my research:

602(L) PC : Entering and occupying real property or
structures without consent

Based on the Immigration Naturalization Issues:
When applying for citizenship it is necessary to show that
one has been a person of "good moral character" for the
past five years (three years for certain persons married to
U.S. citizens). If there was any criminal conviction during
that period, however minor, the application will likely be
denied. For certain, more serious crimes the INS may even
look back beyond than that 3-year or 5-year period. If a
criminal conviction comes to light when one is applying for
naturalization, s/he may well be placed in removal
proceedings. While typically notified when a non-citizen is
convicted of a crime, there are times when the INS is
unaware of the situation and only finds out later. It is
possible to be put into proceedings for a conviction that
happened quite some time before. A naturalization applicant
who is put into proceedings may be able to request that the
proceedings be terminated to allow the naturalization
application to be processed. The Immigration Judge has the
discretion whether to grant such a request. The applicant
must show "exceptionally appealing or humanitarian
factors." As with all types of discretionary relief, the
approval rate is not high.

Will it affect the citizenship process? My friend is very
tensed up and he is under a lot of stress. Should he apply
for his citizenship process? Please advise.

If anyone could answer the post, then it would be a great
help for him.

Need Advise from All gurus, 10/25/08, by Bob Taylor.

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