"Purged" criminal records? "Record has been destroyed per court/police policy"

[top_secret 2,417]

So, I (petitioner) have some criminal history issues.   No question about disclosing them or not.  Obviously doing full disclosure.

 

I have 4 DUI's.  3 misdemeanor DUI's and the last one felony. Plus, a misdemeanor "Public Drunk" arrest from way back in 1986. Pretty clearly these must be reported as required by i-129f Part 3. Section 1. C : "Three or more arrests for drug or alcohol related charges."

However, in trying to obtain court records and police reports, I had no problem getting certified copies of everything from "Public Drunk" in 1986, and I got certified court records for the felony DUI.  But for the police reports on all 4 of the DUI's, and the court records of the three misdemeanor DUI's when I requested them, they replied that ALL police records and ALL court records of those categories of cases are routinely "purged" and destroyed after 10 years and they simply no longer exist so I cannot get copies.

 

Yet the instructions for that question say.

"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."

 

This is for records the courts and police tell me no longer exist so I cannot get copies.
This is California and I am sure I am not the only one that has ever filed a petition with over 10-year-old DUI's on their records.

 

What is the customary remedy that will not get me an unanswerable RFE for unobtainable records?
 

[Chancy 6,241]

On 10/23/2020 at 6:34 AM, top_secret said:

What is the customary remedy that will not get me an unanswerable RFE for unobtainable records?

 

Hi @John & Rose, would you have some advice for this case?  IIRC, your case was expunged but maybe you have input re: getting old records?  Thank you.

 

[John & Rose 7,239]

4 hours ago, Chancy said:

 

Hi @John & Rose, would you have some advice for this case?  IIRC, your case was expunged but maybe you have input re: getting old records?  Thank you.

 

After we were denied I tried to get the police and court documents but since they were expunged all I could get from the arresting department and court was that no paperwork existed.  I had the expungement documents with that case number but that was it.  We cant produce documents that dont exist.  That was my case.

 

I think the same would go for your missing case.  You have done your due diligence.  A letter on the court letterhead stating the case doesnt exist would be sufficient.  This is more about protecting the beneficiary from a potentially abusive relationship.  If they can see you are being honest and doing your best to get the information and that nothing that should be disclosed is missing you shouldn't have a problem on that front.  Multiple arrests for the same offense will raise red flags.  Make sure that the beneficiary has ALL the details at the interview.  It will come up.  If they see you are hiding anything from her they can pounce.  

 

In short, disclose everything and if no papers can be found by the court, get them to put that in writing.

 

[top_secret 2,417]

Thank you very much for the reply.  I now have an 'official' written statement from the police saying there are no records and citing the relevant California state laws related to records destruction as to why there are no records.  I will try to get the same from the court.

 

Right now I am kind of preparing in parallel for either a K-1 OR a CR-1 petition since we have decided that in uncertain times like this, we are better off married than we are not married, for a variety of reasons other than just a visa petition.  She is renewing her passport right now but travel restrictions be dammed, if I cant go to the Philippines she may fly from the Philippines to Costa Rica in about a month, which seems like a country we can both actually go to and marry in this time of COVID restrictions.  If that works out it will change from a K-1 to a CR-1 which I assume also would at least make documenting the criminal record is less of an issue.  However since that is not a certain plan I am still gathering documents and preparing for a K-1 should the Costa Rica wedding plan not work out.  

 

On 10/29/2020 at 12:24 PM, John & Rose said:

After we were denied

Yikes.  I will have to go back and read you posts about that.

 

On 10/29/2020 at 12:24 PM, John & Rose said:

 Multiple arrests for the same offense will raise red flags.  Make sure that the beneficiary has ALL the details at the interview.  It will come up.

I figure that.  We know each other very well, in person, in dozens of visits over a number of years.  We are not just an internet couple. She knows everything there is to know about me.  Alcohol related arrests are a thing of the past but even when I obviously did have some alcohol problems it was never relationship related or resulted in any interpersonal conflicts with anyone. To balance out the arrests I've had the same job for 25 years.   But in any case she would have no problem discussing my past, present, my general temperament in a variety of situations, or anything there is to discuss about me in the finest detail.

[John & Rose 7,239]

3 minutes ago, top_secret said:

Thank you very much for the reply.  I now have an 'official' written statement from the police saying there are no records and citing the relevant California state laws related to records destruction as to why there are no records.  I will try to get the same from the court.

 

Right now I am kind of preparing in parallel for either a K-1 OR a CR-1 petition since we have decided that in uncertain times like this, we are better off married than we are not married, for a variety of reasons other than just a visa petition.  She is renewing her passport right now but travel restrictions be dammed, if I cant go to the Philippines she may fly from the Philippines to Costa Rica in about a month, which seems like a country we can both actually go to and marry in this time of COVID restrictions.  If that works out it will change from a K-1 to a CR-1 which I assume also would at least make documenting the criminal record is less of an issue.  However since that is not a certain plan I am still gathering documents and preparing for a K-1 should the Costa Rica wedding plan not work out.  

 

Yikes.  I will have to go back and read you posts about that.

 

I figure that.  We know each other very well, in person, in dozens of visits over a number of years.  We are not just an internet couple. She knows everything there is to know about me.  Alcohol related arrests are a thing of the past but even when I obviously did have some alcohol problems it was never relationship related or resulted in any interpersonal conflicts with anyone. To balance out the arrests I've had the same job for 25 years.   But in any case she would have no problem discussing my past, present, my general temperament in a variety of situations, or anything there is to discuss about me in the finest detail.

Sounds like this should not be a serious challenge then. The most important thing is that the CO believes that the beneficiary knows the petitioner well. It sounds like you have that well covered. There will be questions but nothing that won’t be handled. 
 

The CR visa has no petitioner background questions. AWA protects fiancees but figure if you are already married you probably know each other well enough. 

Edited October 31, 2020 by John & Rose