Court refuses to issue a no-record statement letter

[SummerKnight123 0]

My fiance (the petitioner) was falsely accused of something he'd never done years ago, he was never arrested, so there were no arrest records or court records.

We got our RFE letter a few days ago, said we must submit certified court & police records, if it's not available, we must obtain a certified letter from the court stating there's no record.

We contacted the court, but they made it very clear that they don't provide such statements, called again, same answer.

So what do we do now? 

[NorthByNorthwest 351]

 

38 minutes ago, SummerKnight123 said:

My fiance (the petitioner) was falsely accused of something he'd never done years ago, he was never arrested, so there were no arrest records or court records.

We got our RFE letter a few days ago, said we must submit certified court & police records, if it's not available, we must obtain a certified letter from the court stating there's no record.

We contacted the court, but they made it very clear that they don't provide such statements, called again, same answer.

So what do we do now? 

 

What did the petitioner state in the I-129F? For Part 3 section 2 only arrests or convictions are covered, so I assume he answered No there? Even item 4.a states "arrested, cited, charged, indicted, convicted, fined or imprisoned".

 

It is unclear what you mean by "falsely accused". If there was a formal charge I believe a prosecutor would have filed those charges and there would be a record. If it was just a matter of someone stating to police that "Person X did Y" and there was no charge filed I don't believe you have to answer yes to that question.

[SummerKnight123 0]

1 hour ago, NorthByNorthwest said:

 

 

What did the petitioner state in the I-129F? For Part 3 section 2 only arrests or convictions are covered, so I assume he answered No there? Even item 4.a states "arrested, cited, charged, indicted, convicted, fined or imprisoned".

 

It is unclear what you mean by "falsely accused". If there was a formal charge I believe a prosecutor would have filed those charges and there would be a record. If it was just a matter of someone stating to police that "Person X did Y" and there was no charge filed I don't believe you have to answer yes to that question.

It's the protective order question, it's actually a bit complicated, he was in Navy, it was a military protective order, it was cancelled, all he has right now is digital copies of case files and a copy of MPO paper he signed

[NorthByNorthwest 351]

8 hours ago, SummerKnight123 said:

It's the protective order question, it's actually a bit complicated, he was in Navy, it was a military protective order, it was cancelled, all he has right now is digital copies of case files and a copy of MPO paper he signed

 

I see, unfortunately neither me nor the lawyer missus has any experience with military law enforcement so I'll have to pass on this. Hopefully someone else can give better insights, good luck!

[TBoneTX 45,266]

Is there a military ombudsman whom you could consult?

[Family 3,988]

Based on quick ,  MPO do not get lodged through any court systems . The Commander  handles the case with support from FAP /Family Advocacy Program of the base . 

It sounds like your fiancé had either a spouse or girlfriend that filed domestic violence complaint . The protective order was issued for a short period and lifted later . ..for a variety of reasons, no longer needed..etc

 

He should ;

1. Write a  VERY short account of event . Add strong statement to support his upstanding character and all around Good Guy .

 

2. Do his own FBI prints to show otherwise clean record

 

3. Order certified records from the State Court ..It will show NO RECORD 

‘Example  https://www.browardclerk.org/PDF/Request_for_Court_Records.pdf

4. Write to the relevant FAP and  request copy MPO dismissal and or request to forward to Base Custodian Of Record.
Whatever they respond , should suffice . ..if they don’t respond, you just need to show you sent request.

 

https://www.lawforveterans.org/protections-from-violence-and-abuse/78-domestic-violence/mpo-cop

 

https://installations.militaryonesource.mil/military-installation/naval-base-san-diego/military-and-family-support-center/family-advocacy-program