K1 Petitioner, is written statement enough for arrest no charges/convictions

[Newhawaiki 20]

Aloha everyone,

 

i am currently filling out the I-129F. In Part 3 on question 4a my instinct is telling me to disclose everything and check yes because I was arrested when I was 18 but I was not charged or convicted of any crime.

 

If you're curious with what happened: I was 18 and a "friend" of mine wanted me to pawn "his gold bracelet" for him in order to get some money because he was going through a hard time. He was 16 and could not pawn anything himself. I told him I didn't trust him and wanted more evidence from his parents to see if it was actually his. I talked to "his mom" on the phone who "confirmed" that it was his. I went against my judgement and pawned it for him since we grew up together and I knew his whole family. I told my girlfriend that afternoon what I did and she said a gold bracelet was stolen at school that matched the description. I knew this person and I called her dad and told him what happened. He and I confronted "my friend" and he gave us the money. The next morning her dad and I went to the pawn shop to get the bracelet back. I explained to the pawn shop owner what happened and how I realized how naive I was and that I had the money to get it back if possible. The pawn shop owner was furious but took the money and gave the bracelet back. He said I was a liar and scumbag and he wanted me to get arrested so "I could learn a lesson". Her dad didn't want any police involvement and tried to reason with him but he was too angry. The police showed up and tried to calm him down to no avail, so they said that they would arrest me as a formality to appease the pawn shop owner. I was only taken to the police station and interviewed where I was released with nothing happened afterwards. I did not have to appear in court or anything, I was only arrested. My "friend" confessed and said how he used me without my knowledge of the true situation and I received no legal charges.

 

 I was wondering if a written statement explaining the situation of when I was arrested would be satisfactory? I literally cannot find anything on this arrest but I'll try to get in contact with the courts in Hawaii, the difficult thing is that I am overseas at the moment and don't know how I could obtain certified copies of any arrest reports without it taking forever by being mailed to me.

 

 

[JFH 12,189]

I would definitely get a copy of the arrest report from the police department that made the arrest. 

[Newhawaiki 20]

Should I supplement the arrest record with a written statement or will the arrest record be sufficient on it's own?

[Cyberfx1024 7,980]

1 hour ago, Newhawaiki said:

Should I supplement the arrest record with a written statement or will the arrest record be sufficient on it's own?

No..... that will be good enough 

[Newhawaiki 20]

In Hawaii apparently they only show convictions not arrests? The police station says they have nothing on me. I got a certified criminal record that states I have no convictions would this suffice for the arrest information? I'm not sure where to go from here. 

 

From the Hawaii Criminal Justice Website: "Arrest records which have resulted in convictions (found guilty) are considered public record and are available at Public Access sites throughout the state and at the Adult Criminal Conviction Information (eCrim) Web Site. Arrest records which have resulted in non-convictions or are still pending, are considered confidential and not available to the general public."

Edited January 22, 2020 by Newhawaiki

[Just Paul 4,595]

7 minutes ago, Newhawaiki said:

In Hawaii apparently they only show convictions not arrests? The police station says they have nothing on me. I got a certified criminal record that states I have no convictions would this suffice for the arrest information? I'm not sure where to go from here. 

If you are curious enough you can obtain a copy of your FBI report for personal purposes.

[Newhawaiki 20]

Thank you, @Paul and Mary! I'll look into this now.

[Newhawaiki 20]

From the FAQ on the Hawaii Criminal Justice website:

 

Who can access non-conviction (arrest) information?

Only criminal justice agencies and agencies authorized by Hawaii’s laws, such as the Department of Human Services for their child care program, can access non-conviction information.

[Villanelle 4,122]

55 minutes ago, Newhawaiki said:

In Hawaii apparently they only show convictions not arrests? The police station says they have nothing on me. I got a certified criminal record that states I have no convictions would this suffice for the arrest information? I'm not sure where to go from here. 

 

From the Hawaii Criminal Justice Website: "Arrest records which have resulted in convictions (found guilty) are considered public record and are available at Public Access sites throughout the state and at the Adult Criminal Conviction Information (eCrim) Web Site. Arrest records which have resulted in non-convictions or are still pending, are considered confidential and not available to the general public."

Call the local police dept that arrested you. You are not 'the general public' but the subject of the arrest, you should be able to obtain a copy by providing your ID. 

[Sarahbmalvin 49]

Is there any update on this? Did you get approved? I got an RFE for missing court docs (from an underage drinking ticket I got like 11 years ago) and all I got back was a certified letter from the court stating there is no record of it. Wondering/hoping that will be enough. 

[Newhawaiki 20]

@Sarahbmalvin I didn't send my packet yet, but from what I've read (especially from the instructions) a certified letter from the court should suffice! I'm waiting to get that along with a statement from the police if possible. I also have a statement from the Criminal Justice saying I don't have a criminal record. I'd rather wait and send everything I possibly can than risk an RFE.