Missing court documents

[Jennifer0220 31]

I am applying for a K1 visa for my fiance. Unfortunately I have a criminal record from 20+ years ago when I was a teenager. I've been able to track down the records I need except for one. The state archives and the courthouse do not have the record. I spoke to an attorney and she said it was likely lost because it was so old. She suggested I get a background check to send in it's place. I contacted a company that runs fingerprints for the FBI, but they said they could only email a copy to me. They could not send me a certified copy for this.

 

I don't know what to do. I assume that a certified copy would be necessary. I have no idea how to get this. Can anyone tell me how I get a certified national background check?

[Crazy Cat 41,985]

I think you are going to need a certified letter from the court......not a background check......

[Jennifer0220 31]

I have one from the state archive stating the record can't be found, but the attorney recommended I get the background check to send in place of the missing court record. 

[Greenbaum 12,259]

28 minutes ago, Jennifer0220 said:

I have one from the state archive stating the record can't be found, but the attorney recommended I get the background check to send in place of the missing court record. 

The background check will be worthless as USCIS will only rely on their background checks completed using a number of different data mining tools (FBI to mention one). The letter does two things, it proves you do not have access because for you and your local court no longer have access to your file and the other thing that it does, it tells USCIS that you confirmed that there was a court case in your past. Which doing it this way gives them confidence that you are not trying to hide anything. If you were, things may not turn out for the best for you.

[Jennifer0220 31]

So should I also get another letter from the courthouse stating that the record couldn't be found? The letter from the state archive states that it wasn't found and I should send them the case number and they would search again. I contacted the courthouse for the case number and the courthouse had no record at all.

[Greenbaum 12,259]

2 minutes ago, Jennifer0220 said:

So should I also get another letter from the courthouse stating that the record couldn't be found? The letter from the state archive states that it wasn't found and I should send them the case number and they would search again. I contacted the courthouse for the case number and the courthouse had no record at all.

Who had control over the "arrest"? State or local. Whomever had the control is the one you want to see about a letter.

[Jennifer0220 31]

It was a misdemeanor charge in Baltimore. I assume that it was local. Unfortunately I have nothing to reference and confirm that. I was told that all records from 1999 and before are stored at the state archives, which is why I contacted the state archives first

[Pitaya 2,577]

USCIS will certainly want more than just another background check (they will only rely on their own), and you go in stating all of these fragmentary details to USCIS, that will basically leaves them with one overall question, where is the certified court document to back up your spotty details and assertions?

 

Good luck on your immigration journey and Happy Holidays !!

[Jennifer0220 31]

There is no certified court document. That's the problem. The state archive can't find it and neither can the courthouse. After 20+ years, it seems to be lost. I don't know what else to do or what to send in it's place.

 

I'm pregnant and this baby is coming in May, so I'm beginning to panic.

[Crazy Cat 41,985]

4 minutes ago, Jennifer0220 said:

There is no certified court document. That's the problem. The state archive can't find it and neither can the courthouse. After 20+ years, it seems to be lost. I don't know what else to do or what to send in it's place.

 

I'm pregnant and this baby is coming in May, so I'm beginning to panic.

The court should be able to generate and supply you with a certified letter of explanation that no records are on file for the case.....the explanation should come from the appropriate court...not an external criminal records check.

[Jennifer0220 31]

In Maryland, court records are sent to the MD state archives after 20 years. Both the courthouse where the case was heard and the MD state archives are unable to find any record of this case. I assume, I would need certified letters from both to cover myself?

[Highmystic 234]

4 hours ago, Jennifer0220 said:

There is no certified court document. That's the problem. The state archive can't find it and neither can the courthouse. After 20+ years, it seems to be lost. I don't know what else to do or what to send in it's place.

 

I'm pregnant and this baby is coming in May, so I'm beginning to panic.

There is always the possibility that since you were a juvenile at the time, and since it was a misdemeanor at that,  the record was sealed from public information.  I would be willing to bet it is long gone, and the only evidence you will have is your own statement that it at one time existed. USCIS will no doubt fail to find any info either and have to take your word for it.  It's all you can do. 

[Greenbaum 12,259]

13 hours ago, Jennifer0220 said:

In Maryland, court records are sent to the MD state archives after 20 years. Both the courthouse where the case was heard and the MD state archives are unable to find any record of this case. I assume, I would need certified letters from both to cover myself?

Yes, that would be prudent.

[Greenbaum 12,259]

8 hours ago, Highmystic said:

There is always the possibility that since you were a juvenile at the time, and since it was a misdemeanor at that,  the record was sealed from public information.  I would be willing to bet it is long gone, and the only evidence you will have is your own statement that it at one time existed. USCIS will no doubt fail to find any info either and have to take your word for it.  It's all you can do. 

History of others facing this same dilemma here on VJ have received a denial because they did not think to expose a misdemeanor or any other "arrest" circumstances that was either expunge from their record or dismissed. Those cases came to light when USCIS did a background check. Seems that those cases never go away at the Federal level. Just our experience. There are a ton of examples through out VJ history.

[chi6488 94]

I would reach out to your state law enforcement equivalent to example FDLE, florida department of law enforcement.

 

Here in FL, they determine if your records are expunged, sealed, etc..... 

 

I have helped employees clear stupid stuff when they were young.  Me included

 

On a side note, my incident was when I was 17 with felony charges.  My file was sealed or expunged.  I did not disclose when I did my K1 because I knew I would have trouble getting information and no way to get certified letter.  I had trouble getting information when I did my citizenship when I was 30 in 2000.  I did disclose for my citizenship and for my global entry.  CBP didn't ask for certified letter and neither did USCIS during my citizenship process.  I submitted paperwork then from court that it was resolved and case closed.

 

 

Edited December 22, 2019 by chi6488