Jump to content
Macaw

This is how you obtain your criminal record

 Share

10 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Philippines
Timeline

I found out how to get a copy of your criminal record.

Seems to be an issues that people have differnt opinions on how to obtain. And far as I can tell, you only need it if you were convicted. Otherwise no evidence needed. My crime was a grey area, sure I could argue its not related to the list of crimes but if someone else views differnt then I'd be in trouble for lying and dont know what I'd do if the petition was denied for lying. So Im going to submit anyway out of fear. Probably best off being truthful than the risk of consiquences.

I had a misdemenor criminal record at 16 years old about 12 years ago. I had no clue if the record still exist or the exact wording of the crime. I know that I'll get a RFE eventually so I want to be prepared.

I called up my lawyer that represented me when this happened and I was told to contact the Police Court to obtain a Certificate of Disposition.

So I call up the Police Court and ask them how to obtain a Certificate of Disposition and they said I can fax or mail the request with name, date of birth, aprox date of arrest, and signed with notary. I asked if there is any fee. They asked me if the report is about myself. I said yes, so they said no fee.

Much easier than I thought it would be, and yet I'd been stressing out a few weeks how to do this. Yes, I read a post here about how to obtain your FBI file and you need a fingerprint card done, money order, and wait 8-10 weeks. I think I read someone got it in 3 weeks by request. Still I think this is too much work and I dont think the new law is requesting your FBI records. So unless you've lived in so many places and commited so many crimes that you cant remember them all with their dates etc, then I think it'd be easier to just contact the Police Court where you were convicted, or whatever court you went too. And if they cant help you then they'll point you in the right direction.

Im no expert here, just excited to acomplish something and moving forward one step at at time. A 12 year old crime and I have yet to ever see the actual report. Should be interesting. Its a minor crime so I doubt that it'll affect my petition and my fiancee still accepts me. Im more in the same boat with everyone about the inconvience of waiting for the new law to figure out how they are going to implement it and just sitting here waiting for any word.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Russia
Timeline

I am sorry but I dont think everyone has an FBI file so would they send you back a note that says you are not important enough to have an FBI file so quite wasting our time!!!! :lol::lol::unsure:

Paul/Anna

Link to comment
Share on other sites

You need to obtain a police report for every country in which you have lived for at least 6 months, You require it regardless of whether you had commited a crime or not...

Police reports are obtained by filling out a form (obtained at a police office.)

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline
You need to obtain a police report for every country in which you have lived for at least 6 months, You require it regardless of whether you had commited a crime or not...

Police reports are obtained by filling out a form (obtained at a police office.)

I thought such evidence was required only if you commited a crime. Please let me know exactly where your source is about obtaining a police report for every place you lived in the last 6 months. I did not see it on the new 129 form, unless I misread or overlook part of the directions on it. Or did you get a RFE yet with more specific instructions?

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Brazil
Timeline

Actually, that information is required for the beneficiary. The person misunderstood that you were talking about the petitionary.

(Puerto Rico) Luis & Laura (Brazil) K1 JOURNEY
04/11/2006 - Filed I-129F.
09/29/2006 - Visa in hand!

10/15/2006 - POE San Juan
11/15/2006 - MARRIAGE

AOS JOURNEY
01/05/2007 - AOS sent to Chicago.
03/26/2007 - Green Card in hand!

REMOVAL OF CONDITIONS JOURNEY
01/26/2009 - Filed I-751.
06/22/2009 - Green Card in hand!

NATURALIZATION JOURNEY
06/26/2014 - N-400 sent to Nebraska
07/02/2014 - NOA
07/24/2014 - Biometrics
10/24/2014 - Interview (approved)

01/16/2015 - Oath Ceremony


*View Complete Timeline

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline
Actually, that information is required for the beneficiary. The person misunderstood that you were talking about the petitionary.

Agreed. At first I thought someone was starting trouble with false info then thought they misunderstood that I was talking about the beneficiary.

Maybe some others can share how they obtained a copy of their criminal record, by mail or walk-in, fee or no fee, and which types of places such as I was recommended the Police Court. I've done online background checks for a fee and my record never comes up lol. Plus I think we need a "certified copy" so would have to be from the source. I doubt this is something every USC does on a daily basis or even knows where to start.

Link to comment
Share on other sites

Filed: K-1 Visa Country: China
Timeline
I found out how to get a copy of your criminal record.

Seems to be an issues that people have differnt opinions on how to obtain. And far as I can tell, you only need it if you were convicted. Otherwise no evidence needed. My crime was a grey area, sure I could argue its not related to the list of crimes but if someone else views differnt then I'd be in trouble for lying and dont know what I'd do if the petition was denied for lying. So Im going to submit anyway out of fear. Probably best off being truthful than the risk of consiquences.

I had a misdemenor criminal record at 16 years old about 12 years ago. I had no clue if the record still exist or the exact wording of the crime. I know that I'll get a RFE eventually so I want to be prepared.

I called up my lawyer that represented me when this happened and I was told to contact the Police Court to obtain a Certificate of Disposition.

So I call up the Police Court and ask them how to obtain a Certificate of Disposition and they said I can fax or mail the request with name, date of birth, aprox date of arrest, and signed with notary. I asked if there is any fee. They asked me if the report is about myself. I said yes, so they said no fee.

Much easier than I thought it would be, and yet I'd been stressing out a few weeks how to do this. Yes, I read a post here about how to obtain your FBI file and you need a fingerprint card done, money order, and wait 8-10 weeks. I think I read someone got it in 3 weeks by request. Still I think this is too much work and I dont think the new law is requesting your FBI records. So unless you've lived in so many places and commited so many crimes that you cant remember them all with their dates etc, then I think it'd be easier to just contact the Police Court where you were convicted, or whatever court you went too. And if they cant help you then they'll point you in the right direction.

Im no expert here, just excited to acomplish something and moving forward one step at at time. A 12 year old crime and I have yet to ever see the actual report. Should be interesting. Its a minor crime so I doubt that it'll affect my petition and my fiancee still accepts me. Im more in the same boat with everyone about the inconvience of waiting for the new law to figure out how they are going to implement it and just sitting here waiting for any word.

Hi! My case was also a misdemeanor charge (about 4 years ago). I did some community service and paid a fine. The case was placed into deferred adjudication. In other words there was no conviction. I have spoken with two lawyers one pulled my record and acknowledged that there is no conviction. After having read your post, I just may try and get the Certificate of Disposition and consult with an immigration lawyer before I receive my RFE. I have read through Part C Question 20 several times and it only refers to convictions and not arrest. Not sure if calling the Texas Service Center would do any good.

Link to comment
Share on other sites

I found out how to get a copy of your criminal record.

Seems to be an issues that people have differnt opinions on how to obtain. And far as I can tell, you only need it if you were convicted. Otherwise no evidence needed. My crime was a grey area, sure I could argue its not related to the list of crimes but if someone else views differnt then I'd be in trouble for lying and dont know what I'd do if the petition was denied for lying. So Im going to submit anyway out of fear. Probably best off being truthful than the risk of consiquences.

I had a misdemenor criminal record at 16 years old about 12 years ago. I had no clue if the record still exist or the exact wording of the crime. I know that I'll get a RFE eventually so I want to be prepared.

I called up my lawyer that represented me when this happened and I was told to contact the Police Court to obtain a Certificate of Disposition.

So I call up the Police Court and ask them how to obtain a Certificate of Disposition and they said I can fax or mail the request with name, date of birth, aprox date of arrest, and signed with notary. I asked if there is any fee. They asked me if the report is about myself. I said yes, so they said no fee.

Much easier than I thought it would be, and yet I'd been stressing out a few weeks how to do this. Yes, I read a post here about how to obtain your FBI file and you need a fingerprint card done, money order, and wait 8-10 weeks. I think I read someone got it in 3 weeks by request. Still I think this is too much work and I dont think the new law is requesting your FBI records. So unless you've lived in so many places and commited so many crimes that you cant remember them all with their dates etc, then I think it'd be easier to just contact the Police Court where you were convicted, or whatever court you went too. And if they cant help you then they'll point you in the right direction.

Im no expert here, just excited to acomplish something and moving forward one step at at time. A 12 year old crime and I have yet to ever see the actual report. Should be interesting. Its a minor crime so I doubt that it'll affect my petition and my fiancee still accepts me. Im more in the same boat with everyone about the inconvience of waiting for the new law to figure out how they are going to implement it and just sitting here waiting for any word.

All that aside, I understand that any criminal activity under age 18 does not count under IMBRA or anywhere else, unless you were charged and convicted as an adult. Under 18, you are a child and those records are supposedly sealed. It does however, depend on the circumstances.

As far as the FBI, they do not hold records of every crime nationwide. There is no comprehensive database of arrests and or convictions available in the U.S. When an employer or the Government wants to track that information down, they check with the FBI and also State information on the basis of information you provide. Simple as that. Unless you are or have been in law enforcement, you would not know this fact.

Edited by William33
Link to comment
Share on other sites

Police certificate is required only for the beneficiary (The non US Citizen foreign spouse/fiancee).

The current IMBRA requires all US Citizen petitioner of K Visa petitions (I-129F) to provide the criminal record, if the US Citizen petitioner was convicted of any crime. If there is not any conviction, then the US citien petitioner is not required to send any background check to the USCIS.

I-130 Timeline with USCIS:

It took 92 days for I-130 to get approved from the filing date

NVC Process of I-130:

It took 78 days to complete the NVC process

Interview Process at The U.S. Embassy

Interview took 223 days from the I-130 filing date. Immigrant Visa was issued right after the interview

Link to comment
Share on other sites

ha reminds me years and years ago of that teen "crime" (if you so wanna call it) when i shoplifted and police mall caught me! that was embarrasing! :whistle: no conviction or record of course when i got my police clearance :P

Aug 16 06 - Mailed AOS by Fedex 2Day

Aug 25 06 - NOA for AOS & EAD

Aug 30 06 - Received mail for Biometrics Appointment

Sept 6 06 - AOS Transferred to CSC

Sept 9 06 - Biometrics Appointment

Nov 03 06 - EAD APPROVED!!!! WOOOOOOOOOOT!

Nov 20 06- AOS APPROVED!!!! OMG THANK YOU! THANK YOU THANK YOU! ..now just waitin for d card to arrive ^_^

update* card arrived after a few days :)

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...