Unable to Obtain Police Record

[LnS 1]

I had to check 'yes' on Part C question 2 because I have 3 drug charges, so I'm having to include all of my court and police records with my petition, but I'm having some trouble obtaining my police record from one city. I was arrested in Richardson, TX when I was 15 for possession of marijuana. I've spoken with a few people in their records department, and they all insist because I was a juvenile and the charge was only a misdemeanor, they have destroyed my record and there is no way to obtain it. I asked them to give me a certified paper stating this, but they can only provide me with one which clearly states that it's for "employment purposes only" I was able to obtain all of my other police records from another city and all my court records from the county juvenile court with charges and dispositions, including the one for this charge. But as for getting my police record for this particular case, I think it's not possible, at least from Richardson. Any advice on this matter? What can I do? Is there another source which I could get this record from rather than the police department?

[baron555 934]

they all insist because I was a juvenile and the charge was only a misdemeanor, they have destroyed my record and there is no way to obtain it.

I asked them to give me a certified paper stating this, but they can only provide me with one which clearly states that it's for "employment purposes only"

I'd obtain this document and attach a description note from yourself to it. If there is no other official document to obtain, there is no other official document to obtain. That's all you can provide.

[LnS 1]

I think you're right that this is all I can do. I still worry about it though, but oh well. Thanks for your response!

[Brad and Vika 129]

Try again Len. Juvenile records are usually sealed when the offender attains majority, rather than destroyed. The FBI routinely checks and discovers undisclosed juvenile offences during background checks for government jobs - and the applicant is tossed - even after the initial hire date. This used to happen in the military too. The file may be gone, but if there is a notation somewhere (and a court disposition) there must be some alternative to a police record. Best of Luck!

[LnS 1]

Try again Len. Juvenile records are usually sealed when the offender attains majority, rather than destroyed. The FBI routinely checks and discovers undisclosed juvenile offences during background checks for government jobs - and the applicant is tossed - even after the initial hire date. This used to happen in the military too. The file may be gone, but if there is a notation somewhere (and a court disposition) there must be some alternative to a police record. Best of Luck!

These people pretty much refuse to help me out at all. Here is an email they sent me:

At this time the Richardson Police Department Records Division declines to respond to your request for correspondence on official letterhead regarding your juvenile files. If you wish, you may send this email to Immigration officials. As you can see, per Section 58.0071(d)(2) of the Texas Family Code, any juvenile files the Richardson Police Department may have maintained on you have been destroyed.

If you have any further questions or concerns, you may contact me at 972/744-4752.

Warm Regards,

They also sent me a copy of the law:

§ 58.0071. DESTRUCTION OF CERTAIN PHYSICAL RECORDS AND FILES.

(A) In this section:

(1) "Juvenile case" means:

(A) a referral for conduct indicating a need for supervision or delinquent conduct; or

(B) if a petition was filed, all charges made in the petition.

(2) "Physical records and files" include entries in a computer file or information on microfilm, microfiche, or any other electronic storage media.

(B) The custodian of physical records and files in a juvenile case may destroy the records and files if the custodian duplicates the information in the records and files in a computer file or information on microfilm, microfiche, or any other electronic storage media.

© The following persons may authorize, subject to Subsections (d) and (e) and any other restriction the person may impose, the destruction of the physical records and files relating to a closed juvenile case:

(1) a juvenile board in relation to the records and files in the possession of the juvenile probation department;

(2) the head of a law enforcement agency in relation to the records and files in the possession of the agency; and

(3) a prosecuting attorney in relation to the records and files in the possession of the prosecuting attorney's office.

(D) The physical records and files of a juvenile case may only be destroyed if the child who is the respondent in the case:

(1) is at least 18 years of age and:

(A) the most serious allegation adjudicated was conduct indicating a need for supervision;

(B) the most serious allegation was conduct indicating a need for supervision and there was not an adjudication; or

© the referral or information did not relate to conduct indicating a need for supervision or delinquent conduct and the juvenile court or the court's staff did not take action on the referral or information for that reason;

(2) is at least 21 years of age and:

(A) the most serious allegation adjudicated was delinquent conduct that violated a penal law of the grade of misdemeanor; or

(B) the most serious allegation was delinquent conduct that violated a penal law of the grade of misdemeanor or felony and there was not an adjudication; or

(3) is at least 31 years of age and the most serious allegation adjudicated was delinquent conduct that violated a penal law of the grade of felony.

(E) If a record or file contains information relating to more than one juvenile case, information relating to each case may only be destroyed if:

(1) the destruction of the information is authorized under this section; and

(2) the information can be separated from information that is not authorized to be destroyed under this section.

This section does not affect the destruction of physical records and files authorized by the Texas State Library Records Retention Schedule.

[LnS 1]

I also spoke with a criminal lawyer and he told me that they will not release them to me. I am also having my records searched through the DPS which is a statewide search, but the lawyer tells me it will not be on there either. I even asked about having an FBI search, but he said even they won't release the records to me. Am I screwed or what?!

[Brad and Vika 129]

I also spoke with a criminal lawyer and he told me that they will not release them to me. I am also having my records searched through the DPS which is a statewide search, but the lawyer tells me it will not be on there either. I even asked about having an FBI search, but he said even they won't release the records to me. Am I screwed or what?!

No, I think you're in good shape. Attach the email and statute above to the explanation that you send with your petition. I think that will work fine in lieu of an actual police record. Be prepared to escalate to your Congressperson if USCIS gives you an RFE. Honestly the record itself shouldn't be an issue for USCIS, just making sure that you disclosed as thoroughly as possible - then getting them to acept the form of it is the difficult part I think. As an aside, you should discuss this stuff with your SO if you haven't. Having a history of contact with the militsia (police) in Ukraine can be a deal breaker for a "good girl" I am told.

[LnS 1]

Thanks Brad and Vika. I think you're probably right that what I have will suffice but naturally I'm just worried that it won't. I will send what I have with my petition now and just continue pressing the police department in the mean time while I brace myself for an RFE. I will certainly not hesitate to take it to my congressperson if necessary.

I've disclosed all to my fiancee. She is definitely a good girl and never had any run ins with the law, and luckily she understands that what I did was done as a dumb kid and I've changed. I've learned my lesson and then some!

[Brad and Vika 129]

Thanks Brad and Vika. I think you're probably right that what I have will suffice but naturally I'm just worried that it won't. I will send what I have with my petition now and just continue pressing the police department in the mean time while I brace myself for an RFE. I will certainly not hesitate to take it to my congressperson if necessary.

I've disclosed all to my fiancee. She is definitely a good girl and never had any run ins with the law, and luckily she understands that what I did was done as a dumb kid and I've changed. I've learned my lesson and then some!

Good deal. Keep us informed as you go throught he process, and post up any other questions. We are happy to help.