Immigration Issues/Naturalization and past felony
My husband is eligible to apply for citizenship after having his green card now for over 3 years. In 2000 he pled guilty to a class C felony, 3rd degree assault with a deadly weapon (car vs. person). Do we need to have his record EXPUNGED? VACATED? or SEALED? Crime happened in WA, but we live in Nevada.
It does not matter where the incident occurred. Regarding his criminal record failure to report a criminal arrest or conviction EVEN IF the record was 'expunged,vacated or sealed', will result in disqualification. In other words, hiding information is worse than telling the truth and admitting. If you gain citizenship after failing to reveal criminal history, a process called De-Natz is initiated, which is the removal of citizenship and immediate deportation.
Now, that being said, it does not mean you husband will not be granted citizenship. I do not know the circumstances of the arrest, conviction, or sentence, which limits having an idea his real situation. As a permanent resident, he falls under similar requirements for citizenship (see below). Permanent residents can have their residency revoked and face deportation for the same crimes that would prohibit citizenship.
Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. The Service is not limited to the statutory period in determining whether an applicant has established good moral character. An applicant is permanently barred from naturalization if he or she has ever been convicted of murder. An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. A person also cannot be found to be a person of good moral character if during the last five years he or she:
has committed and been convicted of one or more crimes involving moral turpitude
has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more
has committed and been convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana
has been confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180 days or more
has committed and been convicted of two or more gambling offenses
is or has earned his or her principal income from illegal gambling
is or has been involved in prostitution or commercialized vice
is or has been involved in smuggling illegal aliens into the United States
is or has been a habitual drunkard
is practicing or has practiced polygamy
has willfully failed or refused to support dependents
has given false testimony, under oath, in order to receive a benefit under the Immigration and Nationality Act.