Yes. Form N-400 asks about arrests even when no charges were filed or records were cleared. For an arrest or detention without charges, USCIS instructions request the arrest report and an official statement from the arresting agency or applicable court confirming that no charges were filed. An arrest is not itself a conviction, but do not omit it because the prosecutor declined to file a case. (Form N-400; N-400 instructions)
Get the two records USCIS identifies
First request the arrest report from the agency that made the arrest. Then ask the appropriate agency or court for an official statement confirming no charges were filed. If the arresting agency cannot provide the statement, ask which office can confirm the charging decision for that incident. Keep copies of requests and responses so you can explain any missing document to counsel.
The N-400 instructions call for original or court-certified copies at the naturalization interview. Confirm the current Form N-400 instructions and the specific document request for your case before filing or appearing; forms and instructions can change. (USCIS N-400 instructions)
Answer the form based on the event, not only the case result
A no-charge outcome should be described accurately. It is different from a case in which charges were filed and later dismissed, and neither status should be guessed from a database entry. If the form asks whether you were arrested, answer that question as written; use the official records to explain what happened afterward. If you are uncertain whether an event qualifies under the form’s wording, review the exact question with immigration counsel before submitting the application.
A no-charge arrest does not by itself establish a conviction or decide good moral character or any other immigration issue. The underlying circumstances and the application’s other requirements may still need review. Avoid assuming that “no charges” means the event is irrelevant or that it automatically prevents naturalization.
State record sealing is a separate process
California Courts describes possible sealing options for some arrests that did not lead to conviction. That state process is separate from answering Form N-400, which asks about arrests. Do not treat a sealing order as permission to omit an arrest from the federal form. (California Courts: arrest with no conviction)
A DOJ personal record-review response can help identify entries to investigate, but DOJ says it cannot be used for visa or immigration transactions. Obtain the specific arrest and no-charges records USCIS requests. (California DOJ record review)
The Law Offices of David S. Chesley’s immigration-lawyer page describes its broader services. For help reviewing a related California criminal matter, call (800) 755-5174.
