Minor criminal history, did I screw up?

[Crazy Cat 41,985]

45 minutes ago, Rachel & Khairy said:

I agree do not listen to anyone they are giving you bad advise. You said it was in high-school so I'm assuming you are under 18 at the time? 1. If you were a minor it's not going to be on any permanent record. 2. You are a US Citizen and the petitioner so it doesn't make a difference.

Again, check out the history of @John & Rose.  He has quite a story. 

Edited April 30, 2022 by Crazy Cat

[daniel046 4]

1 minute ago, Crazy Cat said:

Again, check out the history of @John & Rose.  

Crazy cat is correct about I-129f as in that USCIS asks about crimial history for petitioner and beneficiary.

 

if it was I-130 it would be different.

Sorry Crazy Cat

[SalishSea 17,988]

19 minutes ago, Rachel & Khairy said:

I agree do not listen to anyone they are giving you bad advise. You said it was in high-school so I'm assuming you are under 18 at the time? 1. If you were a minor it's not going to be on any permanent record. 2. You are a US Citizen and the petitioner so it doesn't make a difference.

Wrong.

[JeanneAdil 6,590]

straight from USCIS site

 

A record of conviction that has been expunged does not remove the underlying conviction.^[22] For example, an expunged record of conviction for a controlled substance violation^[23] or any crime involving moral turpitude (CIMT) does not relieve the applicant from the conviction in the immigration context.^[24] 

 

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).

[Cheesehead22 86]

9 minutes ago, JeanneAdil said:

straight from USCIS site

 

A record of conviction that has been expunged does not remove the underlying conviction.^[22] For example, an expunged record of conviction for a controlled substance violation^[23] or any crime involving moral turpitude (CIMT) does not relieve the applicant from the conviction in the immigration context.^[24] 

 

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).

So with that context if it has been expunged and not sealed then I should be safe, right? 

[JeanneAdil 6,590]

20 minutes ago, Cody Lehr said:

So with that context if it has been expunged and not sealed then I should be safe, right? 

the important statement is 

 

expunged does not remove the underlying conviction.^[22]

community service=conviction as crazy cat pointed out

 

USCIS may not see the expunged records but will need to know as the conviction part stands 

 

withdraw the K1 

redo it or marry and do the CR1  (my opinon CR1 is the way to go but that is just my opinion)

 

[PaulaCJohnny 713]

1 hour ago, Rachel & Khairy said:

I agree do not listen to anyone they are giving you bad advise. You said it was in high-school so I'm assuming you are under 18 at the time? 1. If you were a minor it's not going to be on any permanent record. 2. You are a US Citizen and the petitioner so it doesn't make a difference.

So, do you have a personal experience with this kind of problem? Please share with us where did you find information to support your claim. 
 

thanks

[TBoneTX 45,704]

A post has been removed because its author has her own thread.

[Rocio0010 5,580]

2 hours ago, Rachel & Khairy said:

I agree do not listen to anyone they are giving you bad advise. You said it was in high-school so I'm assuming you are under 18 at the time? 1. If you were a minor it's not going to be on any permanent record. 2. You are a US Citizen and the petitioner so it doesn't make a difference.

Please be mindful of giving inaccurate advice to somebody.

Even if one’s a minor, it can still be on a permanent record 

[Rocio0010 5,580]

4 hours ago, Cody Lehr said:

record was expunged automatically

Straight from the I-129f instructions:

 

Indicate whether you have ever been the subject of a temporary or permanent protection order or restraining order (either civil or criminal) related to any of the crimes specified below, or arrested, or convicted of any of the crimes specified below. 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.

[Family 4,075]

4 hours ago, Cody Lehr said:

I barely remember anything about it, or even if was labeled an assault charge. I just think it was, somebody said I left a bruise on their leg. You really think I should bite the bullet start over?

 

Are there any cases of people just getting an RFE, or the charge not coming up at all

Assuming that you are the NOA 1 ( your Receipt for Filing Fee..and case is still pending approval, referred to here on VJ as NOA2), just write a Letter titled

“ Supplemental Filing to I-129 F case #xyz / Request for Record Update / Correction” 

Please note I am requesting to amend the I-129 F as follows: page x, part y, item z should be YES. 
My one and only contact with Law Enforcement was in High School on or about day/month/ year ( or approximate date). After an altercation with another student, I was given approximately 2 days of community service which I completed. I was never arrested and never required to appear court or for any procedures and the incident does not appear on my record. 
 

I am uncertain if the incident was handled through the School Disciplinary System or it was ever referred to Juvenile Courts and therefore my initial confusion and I have always believed that I have no criminal record.
Enclosed please find 

1. FBI Records ( it will show u squeaky clean…it’s easy and inexpensive to get , call in your area for places that do Livescan / Prints )

2. Juvenile Court Request for Records ( Google info on getting Juvenile Records in the state u went to school…usually online info is very clear…and will more than like show NO RECORD but no matter what it shows , it will be enough) .”   

 

YOU will be fine, no need to start from zero. 

****Some schools have a student body led “ court” , complete w a supervising/ Judge and deal with disciplinary issues WITHOUT sending the students to Juvenile Court…My 16 year old is a member of just such a body and has handled a few cases ***

 

 

[Family 4,075]

Nothing needed from any school records , so don’t search, not relevant , not asked and of no value. For CA it’s called Peer/ Youth Court https://www.courts.ca.gov/5991.htm  DO NOT INCLUDE anything from such.

 

I know u mentioned doing your state court search, but Juvenile Records request needs to go through specific custodian of records, so just do one for that since you were under 18. No matter what shows ( doubt anything will ) that search is all u need to provide to USCIS / DOS. 
 

 

[Family 4,075]

And please note the DS-160 ( fiancé ) is about your beloved ( beneficiary ) not you ( petitioner ) so at that stage nothing is asked of you. For final interview of your fiancé , you can provide the original court records ( that will say NO RECORD or whatever they say ) and copy of FBI search that says NO RECORD to your fiancée to carry with her. 
If budget permits, you could go with her to the interview ( even if not allowed inside), just so she can tell the Officer, our relationship is very strong/ dedicated and he is outside waiting anxiously… THIS IS NOT a requirement. 
 

[magnetarjurassicp 1]

gotcha, yeah i am the beneficiary but i went to middle/hs school in the US so wanted to see if i have any records.

[Family 4,075]

5 minutes ago, magnetarjurassicp said:

gotcha, yeah i am the beneficiary but i went to middle/hs school in the US so wanted to see if i have any records.

Ah, forgive me I thought I was responding to OP ( original poster @Cody Lehr), who is the Petitioner. 
You could try starting your own post and I am sure you would get many suggestions specific to what / how you can get your records , since you are now outside the US…especially if you had any contacts w law or arrests