Expunged Domestic Violence conviction

[Revere 0]

When I was younger I was charged and convicted with misdemeanor domestic violence. I completed all the requirements to get the conviction expunged, and have been on the straight and narrow ever since.

 

It's been over twenty years and now I am petitioning for a K-1 visa for my fiance. I am obviously answering yes to the dv question.

 

Exactly what papers do I need to provide? The conviction was expunged so I am unable to get anything pertaining to the conviction. I've tried before to get any records from the court and was told that's not possible as the files were erased/destroyed after the expungement. Any court papers I had from that time were lost many years ago.  

 

Can I just explain this on the I-129f? Or will they require some sort of official paperwork?

[Crazy Cat 42,055]

You need a certified court document stating that no records exist.  Just don't be tempted to omit the conviction.  That very undisclosed violation omission has caused at least one current member to see his case denied AFTER the interview.  Good luck. 

https://www.uscis.gov/sites/default/files/document/forms/i-129finstr.pdf

Edited April 1, 2022 by Crazy Cat

[JeanneAdil 6,608]

i would pay for a criminal report on myself and see if it shows up 

expunged actually means the arrest and all are erased or sealed as if it never happened for your purposes

 

but for immigration i would state the date and offense and explain u can not provide the necessary documents per the expungement as but the court can give u document signed by judge for the expungement

 

 

Expungement means a record is erased completely. Sealing a record means that it is hidden from the public. Federal authorities and law enforcement can still view sealed records. This includes the FBI and the U.S. Citizenship and Immigration Services (USCIS).

Edited April 1, 2022 by JeanneAdil

[Family 4,147]

12 hours ago, Revere said:

When I was younger I was charged and convicted with misdemeanor domestic violence. I completed all the requirements to get the conviction expunged, and have been on the straight and narrow ever since.

1. Go to Court /or online and request certified copies of Judgement/ Sentencing Minutes and you will receive a Certified Document that says records purgedxxx

2. Go do Ur own FBI ( easily available just call around ) prints and once you get your record , it will show arrest date and agency. Call arresting  sheriffs/ police and find out address for their records unit… send them a request for copy of police report. They will either have one or say it’s purged. 
3. Write a Statement to USCIS saying the incident was the one and only contact w law enforcement, is Xx years ago and you would pose no danger to your Beloved. Give very very brief description off the DV incident , do express remorse .

4. Get a couple of Letters from Church/ Friends/ Family that say you are a good man , valuable member of community 

 

So you will be avoiding an RFE by giving them proper Custodian of Records Letters that say records do not exist ( court and police ) and making a case for discretion…cause DV , no matter how old is a flag.