Criminal Record No Court

[Donald7 0]

I have a criminal record from an a misdemeanor arrest 4 years ago but the DA hasn't moved on the case and told my lawyer that they keep cases open for years in case the defendants are accused of other crime down the road.  I have never had a c out appearance or probation  or a summons to appear.... nothing.  What can I send with my I129 form besides the arrest report?

[W199 333]

You could:

 

- Ask court for a certified letter simply saying "there are no court documents available for this case".  Then hope for the best and wait for an RFE before sending any other info. 

- Or ask your lawyer to file a motion to dismiss the case due to lack of prosecution and pray they don't decide to prosecute.

- Or file for a CR1 instead of a K-1.

 

[Donald7 0]

2 hours ago, W199 said:

You could:

 

- Ask court for a certified letter simply saying "there are no court documents available for this case".  Then hope for the best and wait for an RFE before sending any other info. 

- Or ask your lawyer to file a motion to dismiss the case due to lack of prosecution and pray they don't decide to prosecute.

- Or file for a CR1 instead of a K-1.

 

Ok. I'll look into asking for the certified letter from the court.  My lawyer tried to get it expunged but the case is still opened according to the DA. after 4 years of nothing. 

For the CR1,  I would eventually need to show documentation about the arrest and the nonexistent court proceedings right?

[OldUser 6,633]

13 minutes ago, Donald7 said:

Ok. I'll look into asking for the certified letter from the court.  My lawyer tried to get it expunged but the case is still opened according to the DA. after 4 years of nothing. 

For the CR1,  I would eventually need to show documentation about the arrest and the nonexistent court proceedings right?

Expunging doesn't work for immigration. You'd still have to disclose it.

[Bob in Boston 701]

22 hours ago, Donald7 said:

I have a criminal record from an a misdemeanor arrest 4 years ago but the DA hasn't moved on the case and told my lawyer that they keep cases open for years in case the defendants are accused of other crime down the road.  I have never had a c out appearance or probation  or a summons to appear.... nothing.  What can I send with my I129 form besides the arrest report?

This is Bull, Your guaranteed a speedy trial. Have your lawyer pursue this.

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

[top_secret 2,417]

23 hours ago, Donald7 said:

I have a criminal record from an a misdemeanor arrest 4 years ago but the DA hasn't moved on the case and told my lawyer that they keep cases open for years in case the defendants are accused of other crime down the road.  I have never had a c out appearance or probation  or a summons to appear.... nothing.  What can I send with my I129 form besides the arrest report?

 

Were charges even filed?  Unless I'm missing something here, it seems like there was an arrest, you were released, and the DA hasn't filed a case over it. (???)  If that was what happened, then "there was an arrest but no charges were filed".  If charges had been filed then there would be a court case to refer to.

[Donald7 0]

I agree. I've justbeen in imbo for about 4 years.  Yes,  I was arrested and let and have heard nothing from the courts. I will just send the arrest report to immigration and write a letter with it explaining my situation.