i-29F can USCIS Biometric scan be used for getting my arrest records

[rain44 0]

I got arrested 11 years ago for domestic disturbance but was not convicted. Spent a night in jail. Court dismissed me the next day. No court documents either when I asked. I now need to get documentation of my arrest. However calling the law sources in California led me to learn that they can't send me any documents because I am the accused and there is a code that restricts the suspect from getting the arrest record. I was then forwarded to the FBI as an alternative. FBI will release my arrest record but only if I show up personally for the fingerprint scan facility. That's only available in the US.

 

I am however living in the Philippines and have no means to travel back and forth to the US just for fingerprinting. 

 

So my idea is this. I mark "yes I have been arrested" on my i-29F application but explain that I cannot receive the arrest record (due to law code, US fingerprint). I believe they will then order me to take a Biometric scan and that would release any records for me.

 

Is this a good feasible idea ? Or can someone suggest a better option ?

 

Thank you! this is my first post here.

[Going through 5,671]

Can you contact the police headquarters that had jurisdiction over where you were living at the time of your arrest, and obtain a copy of the arrest record mailed to you?  Or at least a statement from them that the record no longer exists/has been purged (which is likely, considering this happened 11 years ago)?

 

Request the records research through the police department directly, would be my advice, instead of applying through 3rd party agents.

Edited November 28, 2017 by Going through

[rain44 0]

I did and I have, both police and sheriff departments. Both Orange County and Los Angeles county state they don't have my records. Even if they did they can't release it to me anyway since I was the suspect. So I turned to the courts, which they stated I have no records at all. They suggested I turn to the Department of Justice website here https://oag.ca.gov/fingerprints which unfortunately require I be fingerprinted in an approved fingerprinting facility which is in the US. 

 

I think this is similar if not the same as the Biometric Scan the USCIS has you do after the i29F petition. The scan I think is mandatory. So wouldn't that be the best way is to process the i29F and request I do the Biometrics in the Philippines ?

 

Tried searching a 3rd party and I could not find an agency that deals with getting records. Anyone know of one ?

 

I did try to get them to make a letter out to me that they have no arrest records of me, but they seemed uncooperative and suggested I try elsewhere. Maybe it was too taxing for them to do such a thing. 

Edited November 28, 2017 by rain44
added info

[Going through 5,671]

30 minutes ago, rain44 said:

I did try to get them to make a letter out to me that they have no arrest records of me, but they seemed uncooperative and suggested I try elsewhere. Maybe it was too taxing for them to do such a thing. 

More like laziness on their part, it sounds like.  I'm surprised the county clerk and also the police department would not provide you with a letter of no record on file.

 

 

[rain44 0]

Just now, Going through said:

More like laziness on their part, it sounds like.  I'm surprised the county clerk and also the police department would not provide you with a letter of no record on file.

 

 

Should I insist ? I mean if it's their job to do such a service then maybe I should insist. I am doing this over the phone, so maybe they can afford to be lazy. Are they obligated to write me a letter of no arrest record ? I am out of options.

[Going through 5,671]

1 minute ago, rain44 said:

Should I insist ? I mean if it's their job to do such a service then maybe I should insist. I am doing this over the phone, so maybe they can afford to be lazy. Are they obligated to write me a letter of no arrest record ? I am out of options.

I don't know about California, but in NY you are able to request a records search online/by mail with the police headquarters (there is a fee for it, of course---I think I paid about $25 if I remember correctly back then), and they send out the letter to your address.  My letter just stated arrest records destroyed/no outstanding warrants/no outstanding fines.    

 

Can you have a relative or friend in California go in person and request the records/letter with your signed authorization to be released to them?  It's harder to refuse service when someone is standing right in  front of them.

[rain44 0]

9 minutes ago, Going through said:

I don't know about California, but in NY you are able to request a records search online/by mail with the police headquarters (there is a fee for it, of course---I think I paid about $25 if I remember correctly back then), and they send out the letter to your address.  My letter just stated arrest records destroyed/no outstanding warrants/no outstanding fines.    

 

Can you have a relative or friend in California go in person and request the records/letter with your signed authorization to be released to them?  It's harder to refuse service when someone is standing right in  front of them.

I found the Law code its 6254 and it does seem to only effect California https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=6254

 

you got lucky for your state. I did check online for those service and shied away since it won't be registered from the government agencies themselves which USCIS will need certified law agencies.

 

I guess I can speak to someone back home to do some leg work for me. I hate bothering people but I will give it a go.  

 

If I submit the i29f without the arrest documents wouldn't they just do a RFE then I would have no choice but to do so. At least that direction they may take in my reason stated and a chance they don't ask further. That's what the biomettric is for isn't it ? Thanks for all the response btw.

[Going through 5,671]

1 minute ago, rain44 said:

If I submit the i29f without the arrest documents wouldn't they just do a RFE then I would have no choice but to do so. At least that direction they may take in my reason stated and a chance they don't ask further.

There's very little chance they won't ask.  

 

Not to mention, you will need to submit the same documents over again when doing the ROC, and N400 (if you choose to become a citizen).  

 

In other words, they will continue to ask for the same documents at different stages---even though they are already made aware of it---throughout your immigration journey.  Completing the biometrics does not absolve you from submitting the required documents, either.

[rain44 0]

1 minute ago, Going through said:

There's very little chance they won't ask.  

 

Not to mention, you will need to submit the same documents over again when doing the ROC, and N400 (if you choose to become a citizen).  

 

In other words, they will continue to ask for the same documents at different stages---even though they are already made aware of it---throughout your immigration journey.  Completing the biometrics does not absolve you from submitting the required documents, either.

I am the petitioner, I'm an American. During ROC, N400 I would already be physically in the states and can do the fingerprint?

[Going through 5,671]

Just now, rain44 said:

I am the petitioner, I'm an American. During ROC, N400 I would already be physically in the states and can do the fingerprint?

I was under the impression you were the beneficiary throughout this thread---my apologies.

Since you are the petitioner, your foreign spouse would be the one doing N400 biometrics, not you.

 

 

[rain44 0]

8 minutes ago, Going through said:

I was under the impression you were the beneficiary throughout this thread---my apologies.

Since you are the petitioner, your foreign spouse would be the one doing N400 biometrics, not you.

Ahh then I apologize for the confusion. I thought the Biometrics was for me. 

 

So now I truly have to get family or friends involved in getting that darn arrest record.

[Going through 5,671]

22 minutes ago, rain44 said:

Ahh then I apologize for the confusion. I thought the Biometrics was for me. 

 

So now I truly have to get family or friends involved in getting that darn arrest record.

Your background is checked into as the USC.

Biometrics/fingerprinting is done by the foreigner.

[Mayi & MiMi 172]

I had a friend that was out of the country and he was able to get his records. He sent this to me.  I hope it helps 

 

OUT OF STATE RESIDENTS:

Applicants Living Outside California/United States must submit manual fingerprint cards (Form FD258).

Print out the Application to Obtain copy of State Summary Criminal History Record (Form BCIA 8705, pdf) and follow the instructions on the form. A Spanish version of this form is also available (Form BCIA 8705S, pdf). Please contact your local law enforcement agency for fingerprinting services. PLEASE NOTE: Your fingerprint card must contain your full name, date of birth, sex and return mailing address. If you are having difficulty in obtaining a blank fingerprint card, please contact the Record Review Unit at (916) 227-3849.

Manual submissions must be accompanied by either personal check drawn on a U.S. bank, money order or certified check. The check or money order must be made payable to the “California Department of Justice.” Mail your application, fingerprint card and processing fee to:

California Department of Justice
Record Review Unit
P.O. Box 903417
Sacramento, CA 94203-4170

 

https://oag.ca.gov/fingerprints/record-review

[rain44 0]

7 minutes ago, Mayi & MiMi said:

I had a friend that was out of the country and he was able to get his records. He sent this to me.  I hope it helps 

Yeah I saw this one. The fingerprint card still needed to be scanned at an "authorized agency", and there is none in the Philippines (as far as I read it), or did I read it incorrectly ? Local law enforcement in the Philippines are not authorized (as I understand it). I hope I am wrong. I am going to triple check now.

[rain44 0]

Yeah I went over it again. I don't read like an attorney but from what I gathered :

 

"Applications may be obtained from police departments, sheriff departments, or the Department of Justice.  The fingerprinting agency may fix a reasonable fee for affixing the applicant's fingerprints to the form, and shall retain such fee."
 

I don't think the local Philippines Police Department is approved in doing this. I checked the LIVE SCAN section of the DOJ site and it just shows USA cities that will do the fingerprint scans.

 

How was your friend able to do this ?