can't get court documents

[joevegas 67]

I have my k-1 visa interview in march,about 28 years ago i was arrested on a minor charge of causing a disturbance,cops wanted to take my beer away,i put up a fuss,went to court,its been so long i don't remember exactly the out come,i might of been put on probation without having to report to a probation officer directly,or the charges might of been dropped,just can't remember exactly what happened,I've tried to get those court documents,but there is no way of getting them unless i know the year and date of the court appearance,and i just can't remember that,because its been so long,so they said there's no way to find the old records..now i did go get my criminal background check from the RCMP and on it it says..that i do not have any convictions,outstanding charges or warrants in the national repository of canada...just wondering if i don't have the court transcripts because there's no way of getting them,will this be a problem at the interview?

[BriCar 0]

I know the US is hyper about security lately...

Can't see them being too concerned about something so small so long ago...

I would report it to them anyway to the best of my recollection.

[antda 13]

I have my k-1 visa interview in march,about 28 years ago i was arrested on a minor charge of causing a disturbance,cops wanted to take my beer away,i put up a fuss,went to court,its been so long i don't remember exactly the out come,i might of been put on probation without having to report to a probation officer directly,or the charges might of been dropped,just can't remember exactly what happened,I've tried to get those court documents,but there is no way of getting them unless i know the year and date of the court appearance,and i just can't remember that,because its been so long,so they said there's no way to find the old records..now i did go get my criminal background check from the RCMP and on it it says..that i do not have any convictions,outstanding charges or warrants in the national repository of canada...just wondering if i don't have the court transcripts because there's no way of getting them,will this be a problem at the interview?

Joevegas-Sorry to say this......(but trust me on this one...from personal experience...)...

But they are going to ask for original certified court documents at EVERY other (besides the k1) stage of the immigration game..(AOS, I-751, N-400...etc...), despite having them before...makes no sense...but oh well...that's how the USCIS works.....They want the details....lol....

And if you omit such details and documentation...You will end up in more trouble.....for lying to an immigration officer.....lol...and you case will be denied...

Regardless of if the charge occured recently, or many years ago, or the outcome of the charge, or where the charge occurred...

And yes, they do check for such court records and even check to see if they are orginals

So yes, you are going to have to get those records some way or other....

Plus Canadian court records are harder to get from the USA....

So if you are in Canada, you might as well get them asap...before you immigrate to the USA....

And make sure you get several certified copies too...

If I were you, I would go to the courts again.....

Surely you must remember which court you went to...

Then ask to see if they can look up your information up based on your name, date of birth, or other identifying information....

And say that you need the certified records for immigration purposes too.....

And hopefully you will be able to get them....asap....

Hopes this helps. Good luck on your journey too.

Ant

Edited February 7, 2010 by Ant+D+BabyA

[antda 13]

P.S. This is what the USCIS officially says about court records (found on the instructions of the I-751, and N-400 forms...)....

If you have ever been arrested or detained by any law enforcement officer for any reason, and no charges were filed, send:

An original official statement by the arresting agency or applicant court confirming that no charges were filed.

If you have ever been arrested or detained by any law enforcement officer for any reason, and charges were filed, send:v An original or court-certified copy of the complete arrest record and disposition for each incident (dismissal order, conviction record or acquittal order).

If you have ever been convicted or placed in an alternative sentencing program or rehabilitative program (such as a drug treatment or community service program), send:

1. An original or court-certified copy of the sentencing record for each incident; and

2. Evidence that you completed your sentence: An original or certified copy of your probation or parole record; or

Evidence that you completed an alternative sentencing program or rehabilitative program.

If you have ever had any arrest or conviction vacated, set aside, sealed, expunged or otherwise removed from your record, send:

An original or court-certified copy of the court order vacating, setting aside, sealing, expunging or otherwise removing the arrest or conviction, or an original statement from the court that no record exists of your arrest or conviction.

NOTE: If you have been arrested or convicted of a crime, you may send any countervailing evidence or evidence in your favor concerning the circumstances of your arrest and/or conviction that you would like USCIS to consider.

Hope this helps too.. Good luck on your journey..

Ant

Edited February 7, 2010 by Ant+D+BabyA

[Ontarkie 14,535]

I had a hard time getting court records too, it is really hard to find them when you don't know the dates when it happened. Do keep trying they will have to look manually to find them, and that can actually be time consuming without the dates since that's how they are logged. If they can't be found you can request a letter from the court house stating they do not have a record for you.

I am actually in the process of sending the court house my photo copy to get it certified, since the place they had them stored at Toronto lost em. Yup the main place that stores all the records lost it since the last time I got a copy of it. Thank god the lady at the court house remembered me and she is willing to certify my copy. She was willing to write me a letter if I didn't have a photo copy of it. Definitely get plenty of copies I wish I did while I was still in the Sault.

[joevegas 67]

I had a hard time getting court records too, it is really hard to find them when you don't know the dates when it happened. Do keep trying they will have to look manually to find them, and that can actually be time consuming without the dates since that's how they are logged. If they can't be found you can request a letter from the court house stating they do not have a record for you.

I am actually in the process of sending the court house my photo copy to get it certified, since the place they had them stored at Toronto lost em. Yup the main place that stores all the records lost it since the last time I got a copy of it. Thank god the lady at the court house remembered me and she is willing to certify my copy. She was willing to write me a letter if I didn't have a photo copy of it. Definitely get plenty of copies I wish I did while I was still in the Sault.

Thanks

[joevegas 67]

Thanks for all the help,I think I'm between a rock and a hard place..

[trailmix 77]

I have my k-1 visa interview in march,about 28 years ago i was arrested on a minor charge of causing a disturbance,cops wanted to take my beer away,i put up a fuss,went to court,its been so long i don't remember exactly the out come,i might of been put on probation without having to report to a probation officer directly,or the charges might of been dropped,just can't remember exactly what happened,I've tried to get those court documents,but there is no way of getting them unless i know the year and date of the court appearance,and i just can't remember that,because its been so long,so they said there's no way to find the old records..now i did go get my criminal background check from the RCMP and on it it says..that i do not have any convictions,outstanding charges or warrants in the national repository of canada...just wondering if i don't have the court transcripts because there's no way of getting them,will this be a problem at the interview?

If there is no way to get the records, then there is no way. What you should try to get is documentation stating this. A letter from the courts saying they have no way of locating this information now - something along those lines.

Did you get the name check only from the RCMP or the fingerprint check?

Because you have a criminal record, the fingerprint check is required (just want to make sure you are aware).

Edited February 7, 2010 by trailmix

[Kathryn41 3,205]

Yes, as Trailmix reports, if the Courts are unable to locate or no longer have the records (some records are destroyed after a certain number of years, especially for non-serious offenses), you can bring the original letter from them on letterhead stating that the documents are not available. You can also ask if they will stamp the letter with the official seal to verify the source of the letter. I had a minor charge (windsurfing without a life jacket that involved a court appearance and a $10 fine) from 1982. The court records have been destroyed and I brought in the official letter stating that. It wasn't a problem. You might need to get more than one copy of the letter if you intend to pursue the process up to citizenship as you will need to submit this same document all over again at each step of the process. Good luck

Edited February 7, 2010 by Kathryn41

[NickD 203]

Yes, as Trailmix reports, if the Courts are unable to locate or no longer have the records (some records are destroyed after a certain number of years, especially for non-serious offenses), you can bring the original letter from them on letterhead stating that the documents are not available. You can also ask if they will stamp the letter with the official seal to verify the source of the letter. I had a minor charge (windsurfing without a life jacket that involved a court appearance and a $10 fine) from 1982. The court records have been destroyed and I brought in the official letter stating that. It wasn't a problem. You might need to get more than one copy of the letter if you intend to pursue the process up to citizenship as you will need to submit this same document all over again at each step of the process. Good luck

You went surfboarding without wearing a life jacket, Kathryn41, shame on you, now go to your room.

Gee, when I was a kid, use to swim across our lake without a life jacket, was a mile and a half across, then back again. Wasn't any laws like that, today you have to wear a life jacket to go out in a light rain.

[freetv 7]

You had to show up for court just for a $10 fine because you weren't wearing a life jacket? This world is really messed up isn't?

[Kathryn41 3,205]

You had to show up for court just for a $10 fine because you weren't wearing a life jacket? This world is really messed up isn't?

That is kind of how the judge felt about it too . To give some perspective, wind-surfing was still relatively new and the Small Boat Regulations hadn't been revised to include them yet so the RCMP treated the incident as if I were in a small boat on the lake. Technically, I should also have carried a bailing can, a small rope, a flare and an oar - and I did not need to be wearing the life jacket, just had to have it aboard, hehehe. In court, I actually demonstrated to the judge that the life-jackets that were available at the time were more of a liability than a safety factor for windsurfers since they hampered your movement and your vision. He agreed that I knew what I was talking about, said it was appalling that his court time was taken up for something like this, and fined me $10. The legislation was revised shortly afterwards to address windsurfers. The incident was considered newsworthy at the time - my court trial made the local newspaper, so I included a copy of the clipping with my letter from the Courts stating the records no longer existed.

[joevegas 67]

Thanks everyone,I'm going to go tomorrow and see if I can find those records,If they are not there,then there's not much I can do,so I will then request that letter...amd i will always wear a lifejacket when wind surfing live and learn....