How screwed are we?

[nykolos 711]

I looked into this when I was filing our K1 petition, they’re not interested in misdemeanor convictions, only felony convictions, If you have a felony conviction, whether it’s expunged or not,  you need to disclose it on the form and state the outcome, such as probation, jail time, restitution etc… If its a non-violent crime, I don’t think you have anything to worry about, just DON’T hide it.

[ketbc 0]

23 minutes ago, Sarge2155 said:

Even though the records are destroyed USCIS will still want to see some kind of documentation stating the disposition of the case. It may not come up till later, but I would advise to research now and get some sort of paperwork from the courts where it was adjudicated.

But how when every record was destroyed & I'm not showing up in computers either? (except for that one line on a screen "Name, Month/YR, Controlled Substance"

[ketbc 0]

4 minutes ago, nykolos said:

I looked into this when I was filing our K1 petition, they’re not interested in misdemeanor convictions, only felony convictions, If you have a felony conviction, whether it’s expunged or not,  you need to disclose it on the form and state the outcome, such as probation, jail time, restitution etc… If its a non-violent crime, I don’t think you have anything to worry about, just DON’T hide it.

I know I had probabtion & alternative school but I can't remember if there was anything else or what the actual charge was.

[EM_Vandaveer 2,417]

Just now, ketbc said:

I know I had probabtion & alternative school but I can't remember if there was anything else or what the actual charge was.

How come neither you or your parents have any paperwork saved from this? I just find it strange, presumably you went to court, were you not given any paperwork? Or it just got thrown away?

[ketbc 0]

Just now, EM_Vandaveer said:

How come neither you or your parents have any paperwork saved from this? I just find it strange, presumably you went to court, were you not given any paperwork? Or it just got thrown away?

My ex husband threw it out years ago insisting I was a hoarder and would never need it again.

[EM_Vandaveer 2,417]

Just now, ketbc said:

My ex husband threw it out years ago insisting I was a hoarder and would never need it again.

sorry to hear. The records pertain to yourself so you should have access to them, or alternatively you should be able to attain some sort of official document saying that no documents pertaining to the case remain.

You cannot pretend there was no case. You need to explain to USCIS exactly what you told us here: that you only know the date etc, & "controlled substance", go to the courts & obtain a letter stating the documents are destroyed (or whatever the case is) and that it was a juvenile record. Show that to USCIS.

Under no circumstance should you try to pretend the case did not exist & hope they don't find it. That won't work.

 

[nykolos 711]

7 minutes ago, ketbc said:

My ex husband threw it out years ago insisting I was a hoarder and would never need it again.

Go to any courthouse within the county where it happened and request a copy of your record, you can get it from the clerks office in a matter of minutes. You’ll need to attach it to your K1 petition as a supporting document.

[nykolos 711]

7 minutes ago, EM_Vandaveer said:

, go to the courts & obtain a letter stating the documents are destroyed (or whatever the case is) and that it was a juvenile record.

 

If a record exists, they have it., no matter how long ago it was.

[ketbc 0]

22 minutes ago, nykolos said:

If a record exists, they have it., no matter how long ago it was.

That's false. In GA records older than 2004 are gone I already tried.

31 minutes ago, EM_Vandaveer said:

sorry to hear. The records pertain to yourself so you should have access to them, or alternatively you should be able to attain some sort of official document saying that no documents pertaining to the case remain.

You cannot pretend there was no case. You need to explain to USCIS exactly what you told us here: that you only know the date etc, & "controlled substance", go to the courts & obtain a letter stating the documents are destroyed (or whatever the case is) and that it was a juvenile record. Show that to USCIS.

Under no circumstance should you try to pretend the case did not exist & hope they don't find it. That won't work.

 

I'll try to get a letter for proof of destruction from DJJ THANK YOU

[Rocio0010 5,633]

4 minutes ago, ketbc said:

That's false. In GA records older than 2004 are gone I already tried.

I'll try to get a letter for proof of destruction from DJJ THANK YOU

Did you read my comment to request a FOIL? Where are you located?

[ketbc 0]

4 minutes ago, ra0010 said:

Did you read my comment to request a FOIL? Where are you located?

What is a FOIL? I know now I need to go to GA & get finger printed for a GCIC report, & I also need to get a ($18) FBI National fingerprint rap sheet request done. This looks like the only way to see what is out there hiding in the deep.

 

edit** In TN but I was in GA when I was a kid and got in trouble

Edited December 14, 2021 by ketbc
additional info

[Sarge2155 4,590]

53 minutes ago, ketbc said:

But how when every record was destroyed & I'm not showing up in computers either? (except for that one line on a screen "Name, Month/YR, Controlled Substance"

I understand but bottom line is you are going to have to show USCIS something showing the disposition of the case or that the records are destroyed!

[Rocio0010 5,633]

10 minutes ago, ketbc said:

What is a FOIL? I know now I need to go to GA & get finger printed for a GCIC report, & I also need to get a ($18) FBI National fingerprint rap sheet request done. This looks like the only way to see what is out there hiding in the deep.

Where are you located?

[ketbc 0]

2 minutes ago, ra0010 said:

Where are you located?

In TN but I was in GA when I was a kid and got in trouble

[nykolos 711]

43 minutes ago, ketbc said:

That's false. In GA records older than 2004 are gone I already tried.

I'll try to get a letter for proof of destruction from DJJ THANK YOU

It’s absolutely true, Felony convictions are almost never purged, it’s a matter of record forever, even if it’s expunged, it stays in the county system.. misdemeanors on the other hand are treated differently in many states, so it’s possible your conviction may have been a misdemeanor, I’d be very surprised if the State of Georgia purged all Felonies as early as 17 years,  that just doesn’t happen.

My advice is, If it was a felony, disclose it, if it wasn’t, don’t.