aos AOS filing with expunged mis-dimeanor record

[NinjaWarrior 0]

Hi,

I am about to file for my AOS and I see these 2 questions related to arrest and pleading guilty (even expunged). I was arrested for a class B mis-demeanor which got reduced to Class C mis-demeanor for which I pleaded guilty. And the only reason I plead guilty was because my lawyer told me that it won't affect me in any way as it's C class mis-demeanor and is like a parking ticket and it won't even show up in my record. It was only after a later that I found out that he was wrong when this thing popped out in my record for a job related background check.

To cut the long story shot I went back to the court and got the record EXPUNGED based on the incompetency of my first lawyer. My lawyer was in disbarment proceedings when he was pleading my case, so he made me plead guilty to wrap up the case faster. He was disbarred permanently a couple of months (for mishandling some other case) after my base judgement.

Anyways, just to make sure that my record was clear, I got my background check done with FBI and two state agencies (where I have lived in the past), and all 3 records state say THAT I DON"T HAVE A RECORD, not even a ARREST RECORD.

 

Now the questions are:

 

Should I say NO to both the question 14 and 16 (arrest and pleading guilty (even expunged)) as there is simple no record?

 

If I say Yes, what documentation do I need to submit?

 

Thanks in advance,

Ninja

 

[Mike E 11,742]

4 hours ago, NinjaWarrior said:

And the only reason I plead guilty was because my lawyer told me that it won't affect me in any way as it's C class mis-demeanor and is like a parking ticket and it won't even show up in my record.
….

To cut the long story shot I went back to the court and got the record EXPUNGED based on the incompetency of my first lawyer.

You should have requested an acquittal or at least a new trial on that basis.  You should still be pursuing that.  
 

4 hours ago, NinjaWarrior said:

Anyways, just to make sure that my record was clear, I got my background check done with FBI and two state agencies (where I have lived in the past), and all 3 records state say THAT I DON"T HAVE A RECORD, not even a ARREST RECORD.

 

Now the questions are:

 

Should I say NO to both the question 14 and 16 (arrest and pleading guilty (even expunged)) as there is simple no record?

If you say NO that is perjury.  
 

As for your claim that there is no record, Homeland Security does have access to the record.  
 

4 hours ago, NinjaWarrior said:

 

If I say Yes, what documentation do I need to submit?

Submit what you have, even if you lost the original records, and the expungement records. Subject the reports you have that show that you have no criminal record based on your own requests for a criminal report.  
 

You should state that you were misrepresented and misadvised by the lawyer and provide records of the disbarment.  
 

I hate to suggest it as you have at bad luck with lawyers at least once, but you might consider hiring a lawyer to advise you on this.  

[Chancy 6,243]

20 hours ago, NinjaWarrior said:

Should I say NO to both the question 14 and 16 (arrest and pleading guilty (even expunged)) as there is simple no record?

If I say Yes, what documentation do I need to submit?

 

The I-485 instructions are very clear that you must disclose all arrests/charges/convictions "vacated, set aside, sealed, expunged, or otherwise removed from your record anywhere in the world".  You must submit --

1. An original or certified copy of the complete arrest report; the indictment, information, or other formal charging document; any plea agreement, whether in the form of a court filing or recording in a hearing transcript; and the final disposition for each incident (for example, conviction record, deferred adjudication order, probation order); and
2. A certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise removing the arrest or conviction.

Refer to page 13 of https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf

 

[Chancy 6,243]

*** Moved from AOS Progress Reports to AOS from Work/Student/Tourist Visas ***