Citizenship Application & Dismissed Misdemeanor (Virginia)

Guest Question2015

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Guest Question2015

Hello everyone, your guidance would be much appreciated. My brother was pulled over and received 2 tickets:

Fail Pay Full time & Attention (Code Section 82-4-24) and Safety Belt Violation (46.2-1094).

The notices from the Court and/or DMV were mailed to an old address. We were not aware that he had a hearing date, which he missed.

We have a compliance summary sheet from the DMV as evidence that he has no outstanding suspensions, revocations, cancellations or disqualifications”. My brother went to the court, and with the help of a clerk drafted a letter evidencing that he had not received the notices and paid for the tickets on that same day. We thought the matter was closed.

Few months later, he was pulled over for an Improper U Turn. The officer gave him a ticket and told him that the record showed that his license was suspended since the last events.

We have another compliance summary sheet on that date from the DMV, confirming that he has not outstanding suspensions, revocations, cancellations or disqualifications. He was advised to pay a reinstatement fee of $150 on that date, although the DMV representative had confirmed that he was not required to pay anything during his first visit there.

He met with the judge for less than 1 minute who reviewed the documents and dismissed the case right away.

His record now shows the following:

Fail Pay Full Time & Attention: Result Finalized, Tried in Absentia, no sentence, just a fine.
Safety Belt Violation: Guilty in Absentia, Tried in Absentia, Finalized, no sentence, just a fine.
Improper U Turn: waived, prepaid.
Drive under revoke/suspension: Misdemeanor, finalized, dismissed, no sentence, just a fine.

As he is applying for citizenship in the next few months, I would like to know if his record will be an issue, especially, the drive under revoke/suspension which is listed as a misdemeanor, although dismissed. He does not have any other record.


Would it be preferable to obtain a letter from the Court as evidence that it was a clerical error? I will be requesting the certified court disposition for the filing, but wanted to know if it would clearly list that the case was dropped, as opposed to only dismissed. Your guidance would be much appreciated.

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