Criminal History (Petitioner)

[LnS 1]

I have 2 Possession of Marijuana convictions as a juvenile and one Public Intoxication conviction as an adult. I am able to get court records for all convictions. But the police record for one of my Marijuana Possession convictions (a misdemeanor) has been destroyed. In Texas, if a misdemeanor is committed as a juvenile, then that record is destroyed at age 21. Texas Family Code

The instructions in the I-129F seem pretty clear:

If you have ever been convicted of any of the following crimes, submit certified copies of all court and police records showing charges and dispositions for every such conviction. This is required even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record.

The best I can get from the police department in the city which this occurred is a document stating that "No Records Exist". This is actually a standard document used for visa applications. They will provide nothing more than standard record checks and no written explanation of WHY the record doesn't exist.

When I call the USCIS, they read me some script which is from the instructions Step 2, #4 What If a Document Is Not Available? but this seems to apply to the part before it, #3 What Documents Do You Need to Show That You Are a U.S. Citizen? and not the police records. And of course they make no guarantee that this will suffice and recommend that I just "try and see" as if it's no big deal to lose 4 or more months of my life to wait and see if they issue an RFE to which I will have nothing else to provide them. Do these people really know what they're talking about or do they just have enough information about the process to answer the very standard questions? My situation is obviously a bit unusual.

Again, instructions for the copies of police and court records seem very clear in pretty much saying that no matter what happened to them, they are required. Am I correct?

Has anyone ever had or heard of such a situation? Is there anyone maybe higher up at the USCIS that I can talk to who can do more than read me a script? Or am I pretty much screwed on this?

Edited January 11, 2012 by LnS

[bigdog 376]

You seem to have a handle on this, Supply all the records you can and the NRE letter. USCIS has seen this before. Try and go with the flow. Follow the guides you will be OK. If you get in a jam you can always get the ever present attorney to take your money and help. You will always get the standard party line from government.

[TBoneTX 45,308]

You seem to have a handle on this, Supply all the records you can and the NRE letter. USCIS has seen this before. Try and go with the flow. Follow the guides you will be OK. If you get in a jam you can always get the ever present attorney to take your money and help. You will always get the standard party line from government.

Si man, and print and yellow-highlight the pertinent passages from the Texas Family Code.

[Tim/Mav 305]

Heres what I did and was a RFE. Though it was not drug related it was stated in the 129-F. I had the same problem, the records were destroyed after 10 years.

You are looking towards the Police Department for information. NO, thats not what you need. (Or where you need to go)

You need to remember where you appeared. Was it in Circuit Court, Municipal Court or Juvenile Court and go tho that Clerks Office and obtain a letter stating records were destroyed in this case as to not being a serious offense. (Juvenial/Mideamenor).

You need that on the Courts Letterhead and signed and dated in ink with the Courts Seal/Stamp. Signed and dated by the Clerk of that Court. Ask them to write: If you have any questions feel free to contact us.

Without the Seal/Stamp and signature from the Clerk on Courthouse letterhead then it would be maybe a RFE (For me it was and this was what my Attorney did and approved NOA2 2 weeks later.

Hope this helps.

[Robert&Karen 264]

You can request your "rap sheet" from the Department of Justice. They will reference all police interactions, ever under 18, and the arresting agency. There may not be all the details you wish but it is a start. I know folks who try to get records for incidents under age 18 for security clearance purposes and they hit brick walls, even if it is their own record.

[LnS 1]

Thanks for everyone's reply.

Heres what I did and was a RFE. Though it was not drug related it was stated in the 129-F. I had the same problem, the records were destroyed after 10 years.

You are looking towards the Police Department for information. NO, thats not what you need. (Or where you need to go)

You need to remember where you appeared. Was it in Circuit Court, Municipal Court or Juvenile Court and go tho that Clerks Office and obtain a letter stating records were destroyed in this case as to not being a serious offense. (Juvenial/Mideamenor).

You need that on the Courts Letterhead and signed and dated in ink with the Courts Seal/Stamp. Signed and dated by the Clerk of that Court. Ask them to write: If you have any questions feel free to contact us.

Without the Seal/Stamp and signature from the Clerk on Courthouse letterhead then it would be maybe a RFE (For me it was and this was what my Attorney did and approved NOA2 2 weeks later.

Hope this helps.

Tim/Mav, you were RFE'd for the police record only or were you missing court records? I was clinging to the hope that since I have the court records which include the charges and dispositions that they might excuse the police record. I talked to the clerk at the courthouse when I went to get my court records and she said they don't have police records and that I need to talk to the police department to get those. She gave me what she called a "case narrative" but the heading just says Predisposition Record and has nothing resembling a police report on it.

Edited January 11, 2012 by LnS

[Tim/Mav 305]

Thanks for everyone's reply.

Tim/Mav, you were RFE'd for the police record only or were you missing court records? I was clinging to the hope that since I have the court records which include the charges and dispositions that they might excuse the police record. I talked to the clerk at the courthouse when I went to get my court records and she said they don't have police records and that I need to talk to the police department to get those. She gave me what she called a "case narrative" but the heading just says Predisposition Record and has nothing resembling a police report on it.

The letter from the Clerk stated No Records Exist. Its not so much USCIS wants the Police Records but the disposition and outcome of the Courts. A Juvenile and records destroyed.

The Clerk would not give me anything at first. My Attorney called the Clerk and the next day I had a simple one page letter. With all the information I listed above. Again, they would'nt give me anything at first.

Be persiatant: Take the clerk an Apple or Rose and beg for her to write a simple letter. Yes, I gave her a Rose because it solved my RFE.

I paid $1,500.00 for an Attorney and I'm giving you this for free!

[LnS 1]

Tim/Mav, I really appreciate your help. But I'm not sure I'm following you.

The letter from the Clerk stated No Records Exist.

This was for court records specifically?

Its not so much USCIS wants the Police Records but the disposition and outcome of the Courts. A Juvenile and records destroyed.

Are you saying that the USCIS is more interested in the disposition and outcome of the courts? Or am I misunderstanding you?

[Tim/Mav 305]

Tim/Mav, I really appreciate your help. But I'm not sure I'm following you.

This was for court records specifically?

Are you saying that the USCIS is more interested in the disposition and outcome of the courts? Or am I misunderstanding you?

Yes to both questions. There are NO POLICE RECORDS. See, Your records went to the Court you were tried in and now the Courthouse DESTROYED THEM. There is no Record of Police Reports. (The Police turned over the evidence years ago to the Courts and does not keep a separate file

The Clerk would indicate that in the Letter mentioned above.

THERE ARE NO POLICE REPORTS.

[LnS 1]

Yes to both questions.

If this is the case, would not the court records showing the charges and dispositions suffice? I was able to get these.

[Tim/Mav 305]

If this is the case, would not the court records showing the charges and dispositions suffice? I was able to get these.

I would think YES. Take them back and pay a small fee to have them Stamped/Sealed and Initialed by the Clerk. OK

They should be good to send.

Edited January 11, 2012 by Tim/Mav

[LnS 1]

I would think YES. Take them back and pay a small fee to have them Stamped/Sealed and Initialed by the Clerk. OK

They should be good to send.

Yes they are certified with the stamp and signature. Also, the police record I got that says "No Records Exist" is certified with a raised seal.

[Tim/Mav 305]

Yes they are certified with the stamp and signature. Also, the police record I got that says "No Records Exist" is certified with a raised seal.

You look good to go. I just don't want you to get a RFE. I sure as hell never mean to give bad advice on this one since I been through it.

Good Luck

[TnJ 131]

Hey guys. I understand the instructions regarding 3 convictions relating to alcohol/controlled substances. I had 2 of such convictions, both misdemeanors, in my youth. I know I am not required by the instructions to disclose any information. Do any of you think or know if it will hurt me if I don't get any records and just honestly check "NO" as the IMBRA instructions say to do?

[LnS 1]

You look good to go. I just don't want you to get a RFE. I sure as hell never mean to give bad advice on this one since I been through it.

Good Luck

I can't even thank you enough for helping me out. It's an unusual situation and nobody until now that I spoke with has had any experience with it.

I'm curious: do you still have a copy of this document that the clerk provided you with? It would be awesome if you could maybe email me that so I can see what it looks like. My main concern is that everyone (the police and courts) have refused to give me a letter saying that the records were "destroyed" but I got a certified document from the police saying "No Records Exist" Did your letter indicate they had been destroyed or just that they don't exist?

Edited January 11, 2012 by LnS