Legal Question in Criminal Law in New York

Criminal record check by FBI for US ciizenship application

About 10 years ago, I was

fingerprinted and mugshots were

taken for driving in Maryland with a

suspended NY State license. I failed

to appear in court thus resulted in

receiving a bench warrant. Since

then, I have not taken any action to

rectify this case. However, my

driver's license has been reissued. So,

my question is this... I will be

fingerprinted again to satisfy one of

US citizenship procedures, which will

be cross checked through FBI's

database for any criminal history. Will

I be likely to show up as one with

prior arrest? And how likely is that

FBI has my fingerprint record? FYI, I

even did online criminal record check

of myself and nothing showed up.

But I fear that when it's checked

with fingerprint, it will be a different

story... Anyways, any insight on this

matter is greatly appreciated.


Asked on 6/23/07, 1:54 am

2 Answers from Attorneys
Jeffrey Bloom Law Offices of Jeffrey Bloom

Re: Criminal record check by FBI for US ciizenship application

I do quite a bit of immigration law in addition to criminal defense. I can virtually guarantee you that the Maryland case will show up. Every time you are fingerprinted in the US - even if it is for a professional license (like stockbroker), the FBI gets a record.

If you go in for the naturalization interview and they see a warrant, there is a chance that they will hold you and contact the Maryland authorities. More importantly, failure to appear for a court hearing is not only grounds for a denial of naturalization, it is also grounds for deportation.

I would VERY STRONGLY recommend that you take care of the case in Maryland as soon as possible. It should not be that difficult. Once the case is done, get a court certified record of disposition because the INS will require it.

If you are interested in taking care of this, please contact me.

Jeff Bloom

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Answered on 6/23/07, 11:17 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Criminal record check by FBI for US ciizenship application

The case WILL show up, the warrant will be grounds for much greater action on behalf of the authorities... however, showing up and clearing up the warrant in Maryland may be just a matter of a formality... Hence you should consider clearing that matter up before submitting to any further action towards citizenship.

Please feel free to contact my office for further discussion, you may reach us at 2127098303

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Answered on 6/23/07, 2:07 pm


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