I-129F Criminal History Questions

[RickFlair 7]

Part 3, question 4.a. is asking me to report any arrest for any reason.

I have taken multiple FBI Fingerprint background checks in recent years for jobs which required it for state licensure or other employment reasons.  Those applications also asked me to mention sealed or expunged arrests.  All FBI fingerprint checks were 100% clear.  No results, No records, 100% empty.

I had a simple drug possession arrest 15 years ago which has obviously never shown up on these FBI fingerprint checks.  I received a letter, 15 years ago from the FBI, saying they received the order to destroy my fingerprint record pertaining to this arrest.  I did not keep any of these documents from so many years ago.

If I mention the arrest, obviously I am asked to provide documents.  Well, the arrest is sealed and in Nevada I would need a court order to view the records.  Who knows how many months that could take.

Since all my FBI fingerprint checks are empty, should I bother with mentioning this? 

Has anybody actually had the experience of having clean FBI checks, and then the arrest somehow being found during the I-129F background check process?

I know there was one member on here who had an expunged arrest found during the visa process.  However, I seriously doubt that person had received a letter from the FBI saying they destroyed his arrest and fingerprint letter as I did so many years ago.  An attorney once told me that specifically in Nevada, when they seal your record, it is like the most complete expungement record in the nation.  "It's really gone" the attorney said.  The FBI letter noting the "destruction" of fingerprints really backs that up in my mind.

What do you think?  My main concern is that it could take months to get the court order from Nevada to view and get certified court records.  I feel silly mentioning it since I have such a long history of FBI fingerprint checks coming back 100% clean.

Thank you for your time.

[canadian_wife 1,822]

To me, if it says any arrest for any reason.  That means you list it. 
 

good luck 

Edited August 7, 2022 by canadian_wife

[RickFlair 7]

It definitely feels like they are just trying to get people to incriminate themselves.  I mean, if they can see all arrests, why are they asking us to list them?  Also, why are they interested in such petty, frivolous and meaningless arrests?  They won't deny someone for a simple possession charge, so why make us go through months of extra delays just so we can maybe get access to certified court documents to provide to them?

[EM_Vandaveer 2,408]

12 minutes ago, RickFlair said:

It definitely feels like they are just trying to get people to incriminate themselves.  I mean, if they can see all arrests, why are they asking us to list them?  Also, why are they interested in such petty, frivolous and meaningless arrests?  They won't deny someone for a simple possession charge, so why make us go through months of extra delays just so we can maybe get access to certified court documents to provide to them?

"they are just trying to get people to incriminate themselves" so don't let them. The form is asking for any and all arrests. You know you were arrested. Don't lie. That's where they would potentially get you. The lying part...

[MarJhi 959]

25 minutes ago, RickFlair said:

They won't deny someone for a simple possession charge, so why make us go through months of extra delays

They may not deny you for a possession charge but they might if you lie (by omission) about it. You are worried about delays, I would be more worried about getting rejected for falsifying information.

 

If they catch you lying about one thing, they will likely assume you are lying about other things. Just be honest and if they question you about it just explain the situation as you did on here.

[RickFlair 7]

25 minutes ago, MarJhi said:

They may not deny you for a possession charge but they might if you lie (by omission) about it. You are worried about delays, I would be more worried about getting rejected for falsifying information.

 

If they catch you lying about one thing, they will likely assume you are lying about other things. Just be honest and if they question you about it just explain the situation as you did on here.

What if the courts tell me they have no record of the arrest and they tell me they will not write me a certified letter stating there are no records?  That is very possible.  They may tell me the only thing I can do is conduct a background check on myself at the state level.  However, I doubt that will be considered "certified".  Then I am in a position where I have mentioned the arrest on the I-129F but not provided the paperwork they want to see regarding the arrest.  Then I could be denied for that reason, insufficient certified paperwork pertaining to an admitted arrest.

Edited August 7, 2022 by RickFlair

[Family 3,988]

20 minutes ago, MarJhi said:

52 minutes ago, RickFlair said:

They won't deny someone for a simple possession charge, so why make us go through months of extra delays

They may not deny you for a possession charge but they might if you lie (by omission) about it. You are worried about delays, I would be more worried about getting rejected for falsifying information.

 

If they catch you lying about one thing, they will likely assume you are lying about other things. Just be honest and if they question you about it just explain the situation as you did on here.

Immigration DOES “see” expunged criminal convictions…and saying NO / never been arrested or convicted at I-129F stage most likely won’t even trigger an RFE because they “see” record was not related to Adam Walsh or DV….and will allow/ approve the I-129 F. 
 

When you get to the Consular interview, IO will deny for Petitioner Failure to Disclose Arrest / Conviction…THAT is A GUARANTEED result if you say NO. and that delay is self-dealt .
 

Your arrest and charges do not bar your eligibility to Petition, and saying Nope ( never been arrested) is the theoretical “ incrimination” itself . 
 

Not sure what you will chose to do ..but chose wisely…I believe the hands-on experiences you refer to is @John and Rose , but others may correct me.

 

If you decide to say yes, post and you will get help w what you need to submit.
 

 

 

 

 

 

SEALED OR EXPUNGED CRIMINAL RECORDS

For the most part, sealing or expunging an applicant’s criminal history has little effect with respect to immigration. Exactly how a criminal history is sealed or expunged may depend on the state where it takes place. Most of the time, it allows an individual’s criminal history to show up as clean for simple background checks that an employer or landlord might run. But the USCIS will often be able to see a conviction even if it’s been expunged or sealed. And if they see this after the applicant denied having a conviction, this can make the applicant look dishonest to the USCIS or other immigration official. It should be abundantly clear that a misrepresentation such as this can doom your immigration application

 

 

SEALED OR EXPUNGED CRIMINAL RECORDS

For the most part, sealing or expunging an applicant’s criminal history has little effect with respect to immigration. Exactly how a criminal history is sealed or expunged may depend on the state where it takes place. Most of the time, it allows an individual’s criminal history to show up as clean for simple background checks that an employer or landlord might run. But the USCIS will often be able to see a conviction even if it’s been expunged or sealed. And if they see this after the applicant denied having a conviction, this can make the applicant look dishonest to the USCIS or other immigration official. It should be abundantly clear that a misrepresentation such as this can doom your immigration application

[RickFlair 7]

7 minutes ago, Family said:

Immigration DOES “see” expunged criminal convictions…and saying NO / never been arrested or convicted at I-129F stage most likely won’t even trigger an RFE because they “see” record was not related to Adam Walsh or DV….and will allow/ approve the I-129 F. 
 

When you get to the Consular interview, IO will deny for Petitioner Failure to Disclose Arrest / Conviction…THAT is A GUARANTEED result if you say NO. and that delay is self-dealt .
 

Your arrest and charges do not bar your eligibility to Petition, and saying Nope ( never been arrested) is the theoretical “ incrimination” itself . 
 

Not sure what you will chose to do ..but chose wisely…I believe the hands-on experiences you refer to is @John and Rose , but others may correct me.

 

If you decide to say yes, post and you will get help w what you need to submit.
 

 

SEALED OR EXPUNGED CRIMINAL RECORDS

For the most part, sealing or expunging an applicant’s criminal history has little effect with respect to immigration. Exactly how a criminal history is sealed or expunged may depend on the state where it takes place. Most of the time, it allows an individual’s criminal history to show up as clean for simple background checks that an employer or landlord might run. But the USCIS will often be able to see a conviction even if it’s been expunged or sealed. And if they see this after the applicant denied having a conviction, this can make the applicant look dishonest to the USCIS or other immigration official. It should be abundantly clear that a misrepresentation such as this can doom your immigration application

 

 

 

Attorney told me that Nevada has the best record sealing in the country because the state sends a letter to the FBI to request total destruction of the fingerprints and records.  I then later received letter from FBI saying it was "destroyed" at the FBI level.  I have been told before that the FBI can see sealed and expunged records.  However, I have since taken 3 different fingerprint checks with the FBI and all were completely empty.  However, let's say I put the arrest on the I-129F...

What if the courts tell me they have no record of the arrest and they tell me they will not write me a certified letter stating there are no records?  That is very possible.  They may tell me the only thing I can do is conduct a background check on myself at the state level.  However, I doubt that will be considered "certified".  Then I am in a position where I have mentioned the arrest on the I-129F but not provided the paperwork they want to see regarding the arrest.  Then I could be denied for that reason, insufficient certified paperwork pertaining to an admitted arrest.

[explosive0 19]

1 hour ago, RickFlair said:

Part 3, question 4.a. is asking me to report any arrest for any reason.

I have taken multiple FBI Fingerprint background checks in recent years for jobs which required it for state licensure or other employment reasons.  Those applications also asked me to mention sealed or expunged arrests.  All FBI fingerprint checks were 100% clear.  No results, No records, 100% empty.

I had a simple drug possession arrest 15 years ago which has obviously never shown up on these FBI fingerprint checks.  I received a letter, 15 years ago from the FBI, saying they received the order to destroy my fingerprint record pertaining to this arrest.  I did not keep any of these documents from so many years ago.

If I mention the arrest, obviously I am asked to provide documents.  Well, the arrest is sealed and in Nevada I would need a court order to view the records.  Who knows how many months that could take.

Since all my FBI fingerprint checks are empty, should I bother with mentioning this? 

Has anybody actually had the experience of having clean FBI checks, and then the arrest somehow being found during the I-129F background check process?

I know there was one member on here who had an expunged arrest found during the visa process.  However, I seriously doubt that person had received a letter from the FBI saying they destroyed his arrest and fingerprint letter as I did so many years ago.  An attorney once told me that specifically in Nevada, when they seal your record, it is like the most complete expungement record in the nation.  "It's really gone" the attorney said.  The FBI letter noting the "destruction" of fingerprints really backs that up in my mind.

What do you think?  My main concern is that it could take months to get the court order from Nevada to view and get certified court records.  I feel silly mentioning it since I have such a long history of FBI fingerprint checks coming back 100% clean.

Thank you for your time.

You are doing a whole lot of rationalizing on why to not list your criminal history. The question is straightforward - have you ever been arrested? The answer is yes, so answer yes, at least that's what I would do if I was in your situation. If you answer no, you run the risk of opening a can of worms, because USCIS does see expunged records.  

Edited August 7, 2022 by explosive0

[Family 3,988]

3 minutes ago, RickFlair said:

Attorney told me that Nevada has the best record sealing in the country because the state sends a letter to the FBI to request total destruction of the fingerprints and records.  I then later received letter from FBI saying it was "destroyed" at the FBI level.  I have been told before that the FBI can see sealed and expunged records.

No state can seal and render it “ invisible “ to USCIS/DHS or DOS =Immigration.

 

Yes I acknowledge you said that in original post and stand by my position that each of those attorneys are “ stunningly wrong “: as @Mike E is known for saying 

 

[RickFlair 7]

3 minutes ago, explosive0 said:

You are doing a whole lot of rationalizing on why to not list your criminal history. The question is straightforward - have you ever been arrested? The answer is yes, so answer yes, at least that's what I would do if I was in your situation. If you answer no, you run the risk of opening a can of worms, because USCIS does see expunged records.  

And if I list the arrest I 100% for sure open a can of worms. They will then want satisfactory documentation pertaining to the arrest.  Problem is, it is extremely difficult to do so because I can't even find the record after 3 FBI fingerprint background checks.

[Family 3,988]

7 minutes ago, RickFlair said:

11 minutes ago, explosive0 said:

You are doing a whole lot of rationalizing on why to not list your criminal history. The question is straightforward - have you ever been arrested? The answer is yes, so answer yes, at least that's what I would do if I was in your situation. If you answer no, you run the risk of opening a can of worms, because USCIS does see expunged records.  

And if I list the arrest I 100% for sure open a can of worms. They will then want satisfactory documentation pertaining to the arrest.  Problem is, it is extremely difficult to do so because I can't even find the record after 3 FBI fingerprint background checks

If you decide to disclose arrest , you simply say YES , give date of arrest , SHORT description of Conviction and Expungement. ADD as proof :

1. Clean current FBI record …It will show NO RECORD 

2. Certified Court Response ( for search from year of arrest to present ) that will show NO RECORD 

3. Not necessary but you can add , Request for Police Report …that will show NO RECORD 

 

That’s IT. 

***PS send copies only of above listed records and you will give the originals to your Fiancée to take to interview

Edited August 7, 2022 by Family

[RickFlair 7]

5 minutes ago, Family said:

No state can seal and render it “ invisible “ to USCIS/DHS or DOS =Immigration.

 

Yes I acknowledge you said that in original post and stand by my position that each of those attorneys are “ stunningly wrong “: as @Mike E is known for saying 

 

Do you recommend me start by calling the records department in the county the arrest occurred?  Their website says a court order will be needed to view sealed records, and that not even the person who was arrested can see their sealed records without a court order.

 

Also, 20 years ago I was arrested for unpaid speeding tickets that eventually went to an arrest warrant since I never paid.  I was quickly released after paying the unpaid tickets.  I suppose I should also list this?

[canadian_wife 1,822]

5 minutes ago, RickFlair said:

And if I list the arrest I 100% for sure open a can of worms. 

 

And if you do not list the arrest.  You 100% open a can of worms.  

 

You should list the arrest and do everything you possibly can to get a letter stating what you believe to be true - that your records have been destroyed and you cannot find any record of arrest.  This is your only option.  I am not sure why you keep arguing with VJ. 

 

Good luck

[RickFlair 7]

1 minute ago, Family said:

If you decide to disclose arrest , you simply say YES , give date of arrest , SHORT description of Conviction and Expungement. ADD as proof :

1. Clean current FBI record …It will show NO RECORD 

2. Certified Court Response ( for search from year of arrest to present ) that will show NO RECORD 

3. Not necessary but you can add , Request for Police Report …that will show NO RECORD 

 

That’s IT. 

 

so I need to go and schedule a FBI fingerprint background check?  I don't have the records from my previous checks.  I will try to call IdentoGo which is the company that administered my FBI fingerprint check.