police and court records for petitioner?

[UsaBound82 3]

not sure if anyone can help i have looked through about 60 pages of the forum and cant find the answer as well as googled and can't get a clear answer.

if the petitioner has a record for domdestic violence and needs to get the court and police reports what exactly does he need? is it the whole record or just the final paperwork signed by a judge (like thdisposition)? or all the paperwork? and the whole police report? its pretty much the last thing we need before we send it. we have 2 months today to get it in before the 2 years is up since i have seen him. (physically).

thanks in advance.

[PRC Rabbit 40]

I'm going to take a stab at this old unanswered Post.   I am a former attorney who practiced criminal law from all sides of the bench so I am familiar with the records produced and maintained for criminal prosecutions from arrest through  appeal.  I too was perplexed at the wording of the forms asking for all police and court records. 

 

Most people  accept that this means the Certificate of Conviction ("COC") which will  state the charges, the disposition and sentence imposed, if any.  In fact the form itself further specifies that they want Charges, Disposition and Sentence which is exactly what the COC states in bare-bones fashion.The possibility that  all police and court records means all records ever produced,  is over-broad and almost impossible to ascertain for the average civilian/USC. 

 

I can see how a particular case may need all records, eg witness statements, pleadings, motion practice, demand notices, forensic reports, etc.  Really, the list is endless and even minor charges can produce voluminous records measured in inches.  USCIS has the authority to request it all but if everyone was held to that requirement the paperwork burden would be insurmountable for everyone, including USCIS . 

 

There must be an element of discretion in USCIS'  record request if only out of concern for the sheer volume of paper that an over-broad application would produce.   It is confusing as USCIS must  balance their right to relevant information while not making the paperwork demands insurmountable. The US 'war on drugs'  produced so much paperwork it lays bare the cost-benefit insanity  of treatment vs. incarceration but that's an issue for another forum.

 

The over-broad interpretation of all police and court records can be a benefit to some Petitioner's.  It opens the door to documents beyond the bare-bones COC. Many convictions are contradicted or explained-away by the underlying evidence.  That is why Appellate Courts exist.  Petitioner's with  convictions can use the case file to submit  extra documents beyond the COC that contradict, minimize or explain-away the conviction.  

 

Court's maintain a Clerk's Office that can requisition old case files for inspection and copying and certifying at the counter. Anyone with an interest in the case can get access to these records.  If they are sealed or confidential (eg Family Court)  access may be restricted to the Parties to the underlying proceeding and mere ID will ensure access.  Courts can always grant  access to Sealed files if there is a legitimate reason. The Court Clerk's Office at the  courthouse will help you. That's their job and they are good at it.

 

Edited August 14, 2017 by PRC Rabbit

[Fr8dog 312]

https://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

 

".....If you were ever arrested or convicted of any of the specified

crimes, you must submit certified copies of all court and police records showing the charges and disposition for every arrest

or conviction. You must do so even if your records were sealed, expunged, or otherwise cleared, and regardless of whether

anyone, including a judge, law enforcement officer, or attorney, informed you that you no longer have a criminal record....."

 

Instructions state you need all.

[PRC Rabbit 40]

The only documents that can  possibly show the original charge and the  disposition  are  documents created after the disposition itself.  That nixes all records created before sentence. (Doesn't say charges OR disposition and that makes sense: Baseless charges are made and dismissed all the time. The only  documents that state the charges and the ultimate disposition  is the COC and perhaps the Pre-Sentence Report ("PSR") if one was ordered by the court.  The PSR is  not released because it includes victim impact statements  that defendants can only view  redacted copies  but not possess a copy. Jury worksheets  show charges and convictions but that is 'sacrosanct untouchable' by anyone except the judge.

 

It's difficult wording to understand and apply.