NO RECORD ON PREVIOUS ARREST...NO PAPER WORK TO SEND IN......POSSIBLE DENIAL OF AOS????

[mell8725 0]

Hey guys it me again,

So as i was getting all my paperwork together i noticed that i have to include all documents of previous arrests and court cases. The thing with that though is that I had two court cases, both were thrown out but i only have paperwork on one of the cases. Also the case that i have no paperwork for there is also no public record of it, im not sure why because i am absolutely sure that i didnt get it expunged.

I am wondering if i should include an explanation of what happened or should i just not mention that case and just wait for them to ask me about it, because im pretty sure theyre going to find some record of it somewhere somehow. Will these cases affect my AOS application in any way even though they were both dismissed??

[canadian_wife 1,829]

You certainly need to mention it.

Perhaps you could get an official letter stating that no public records exist on the case - do not trust USCIS to just take your word for it

Good luck

[joevegas 67]

I had the same problem..I went to court many moons ago and no records are available anywhere..at AOS she just briefly asked about it,when i told her there was no court records to be found anywhere she was satisfied with that..i guess it would depend on what type of arrest it was?...I say let them ask the questions and you just answer truthfully.you should be all right..good luck.

[JimVaPhuong 4,863]

You certainly need to mention it.

Perhaps you could get an official letter stating that no public records exist on the case - do not trust USCIS to just take your word for it

Good luck

Agreed. Even when a court dismisses a case and throws out their records, these things have a tendency to make their way into other law enforcement databases where they persist for years. Even having the record expunged doesn't erase the incident from all public or private records.

I once saw a background check for a potential employee that revealed the applicant had once been pulled over and arrested for having drug paraphernalia in his car. He was shocked because no charges were ever brought against him. As far as he knew, his record was clean. Turns out the company that did the background check had collected the information from the daily police blotter in the local newspaper.

[bayojona3231 4]

I would mention it on my application. You need to be 100% truthful. Good luck on your journey.

Hey guys it me again,

So as i was getting all my paperwork together i noticed that i have to include all documents of previous arrests and court cases. The thing with that though is that I had two court cases, both were thrown out but i only have paperwork on one of the cases. Also the case that i have no paperwork for there is also no public record of it, im not sure why because i am absolutely sure that i didnt get it expunged.

I am wondering if i should include an explanation of what happened or should i just not mention that case and just wait for them to ask me about it, because im pretty sure theyre going to find some record of it somewhere somehow. Will these cases affect my AOS application in any way even though they were both dismissed??

[RICARDO4EVA2 194]

Hey guys it me again,

So as i was getting all my paperwork together i noticed that i have to include all documents of previous arrests and court cases. The thing with that though is that I had two court cases, both were thrown out but i only have paperwork on one of the cases. Also the case that i have no paperwork for there is also no public record of it, im not sure why because i am absolutely sure that i didnt get it expunged.

I am wondering if i should include an explanation of what happened or should i just not mention that case and just wait for them to ask me about it, because im pretty sure theyre going to find some record of it somewhere somehow. Will these cases affect my AOS application in any way even though they were both dismissed??

You should mention it.. because you have knowledge of this life event. Enter the information regarding the case best to your knowledge (dates etc.) Dont wait to see if an immigration officer will "bring it up" because then you're gonna start looking crazy in the interview. Case could be placed under review or just be denied because you omitted information that was requested to avoid any immigration hoops. Go to the court and yes as mentioned above ask them to give you certified copy stating there's no record.

[cactus john 1]

Agreed. Even when a court dismisses a case and throws out their records, these things have a tendency to make their way into other law enforcement databases where they persist for years. Even having the record expunged doesn't erase the incident from all public or private records.

I once saw a background check for a potential employee that revealed the applicant had once been pulled over and arrested for having drug paraphernalia in his car. He was shocked because no charges were ever brought against him. As far as he knew, his record was clean. Turns out the company that did the background check had collected the information from the daily police blotter in the local newspaper.

If you were "arrested"..that is taken to a jail and processed, there will be a record of that. A FBI and a state identifier number is assigned when you are "booked". Although never in court, there will be an arrest record.

Normally this will never show up in a background check for the private sector..but any govt check will reveal your arrest.

( I speak as a retired police officer and a background investigator )

[RICARDO4EVA2 194]

If you were "arrested"..that is taken to a jail and processed, there will be a record of that. A FBI and a state identifier number is assigned when you are "booked". Although never in court, there will be an arrest record.

Normally this will never show up in a background check for the private sector..but any govt check will reveal your arrest.

( I speak as a retired police officer and a background investigator )

:thumbs: all good.

[mell8725 0]

Thanks for all the replies, i guess i will try to get some kind of statement from the courts and send it in just to be on the safe side....I will definitely keep you guys posted.

[JimVaPhuong 4,863]

If you were "arrested"..that is taken to a jail and processed, there will be a record of that. A FBI and a state identifier number is assigned when you are "booked". Although never in court, there will be an arrest record.

Normally this will never show up in a background check for the private sector..but any govt check will reveal your arrest.

( I speak as a retired police officer and a background investigator )

I'm speaking from personal experience. I saw the background check results. The applicant couldn't believe that information was on his background check. I called the company to confirm the information. Their records indicated the information had been obtained from a newspaper police blotter.

Many private firms that perform backgrounds checks do so only from public records. This company also maintained their own private database.

[cactus john 1]

I'm speaking from personal experience. I saw the background check results. The applicant couldn't believe that information was on his background check. I called the company to confirm the information. Their records indicated the information had been obtained from a newspaper police blotter.

Many private firms that perform backgrounds checks do so only from public records. This company also maintained their own private database.

No argument there.

The private sector does not have access to govt controlled systems such as NCIC, AFIS, & state systems, so they have to check ####### like the newspapers.( and possibly open themselves up to a lawsuit. ) Thankfully 'ol Uncle Sam does not.

Exception to the rule is a company on a govt contract for security checks, which will be done by govt investigators who have the clearance to utilize these computer systems. ( me )

[JimVaPhuong 4,863]

No argument there.

The private sector does not have access to govt controlled systems such as NCIC, AFIS, & state systems, so they have to check ####### like the newspapers.( and possibly open themselves up to a lawsuit. ) Thankfully 'ol Uncle Sam does not.

Exception to the rule is a company on a govt contract for security checks, which will be done by govt investigators who have the clearance to utilize these computer systems. ( me )

They use the same "easy out" to avoid lawsuits that the major credit reporting agencies use. If you think information in your background check is wrong then you send them a letter challenging it. They give their source a chance to confirm. If the source can't confirm or doesn't respond then they remove the information from your record.

[Kathryn41 3,205]

Thanks for all the replies, i guess i will try to get some kind of statement from the courts and send it in just to be on the safe side....I will definitely keep you guys posted.

I had a similar situation where I had a court appearance and was find $10 (yeah, the whole situation was rather ludicrous - I was charged with windsurfing without a life jacket and had to go to court since it was such a new sport at the time there wasn't specific legislation to address the situation!). I checked off the appropriate areas on the application, and included a letter from the courts stating that no records remain of the charge or the appearance. I included the letter for the AOS stage and for the Removal of Conditions stage and for Citizenship stage. I only got to see the officer's reaction at the Citizenship stage but she quickly reviewed the information, looked up at me, smiled and turned the page over.

So, document the fact that there is no documentation and provide a personal summary of what happened and how it was resolved. Unless it was a crime of moral turpitude, was drug related, or something that would make you inadmissible, it shouldn't be a problem.

(The information/charge did not show up on my police report but I made sure I reported it anyway as I didn't want anything to come back and haunt me later).

Edited January 25, 2011 by Kathryn41

[mell8725 0]

well im not sure if it would be considered a crime of moral turpitude or not, but if it is what would that mean for me seeing that the charges were dismissed anyway??

[JimVaPhuong 4,863]

well im not sure if it would be considered a crime of moral turpitude or not, but if it is what would that mean for me seeing that the charges were dismissed anyway??

It depends. If the records indicate that you admitted committing the crime then USCIS can use it against you, even if they didn't bring charges.