lightxpillar

2 hours ago, Family said:

Best strategy . ..as delays could ensue on fiancée case. Some still take into consideration the nature of our judicial system ..most public version being OJ Simpson ‘s finding of innocence . 
 

That being said , the disposition from the court will suffice …along with a ( legalese ) description of law under which records were sealed /destroyed.

If you were factually innocent, the judge can order the arrest records sealed and destroyed. . Some courts also have local forms you can use. ), the attorney who represented you at trial might be able to file the request to seal and destroy the records.

 

 

 

He has the almost every piece of documentation, he is only missing the final disposition and expungement document. He still has the discovery after all these years. 

I will tell him to find the original version of the law that it was expunged under so he can explain it. 

11 hours ago, Pinkrlion said:

If you have copies of court disposition, you will be OK. Without it most likely petition will be denied. Only USCIS will make that decision. 

It might be possible to get a copy of the trial order from his public defender. We will try them fist!

19 hours ago, W199 said:

- Sounds like it shouldn't be a problem, but it has some small risks, or even risk of delays, since you said you can't get the documentation. 

- If the court records are not available, you will need to provide a letter from the court as such.

- Providing your own FBI background reports will be useless and not helpful. Just wait if they send you an RFE for any additional info.

- The FBI keeps a database of all expunged cases, and USCIS has full access to it. I think you will need the court records to prove the disposition of the case is not guilty.

 

You could file for a CR1 instead and avoid the I-129F questions,.  

Thanks for this info. We were under the impression that either direction (K-1 or CR-1) would be subject to this question and review.

Long story short:

12 years ago my fiance was arrested, charged, and found NOT GUILTY of a charge that falls under the AWA. It was a jury trial. At the trial, the judge recommended that he file an expungement because of how serious it was,  and he did, and it was granted. He currently works for the state government and had an FBI Background run on him in 2021 that said there was no record of any arrests (he still has the FBI Report).

We are looking to file the I129F with a child added on,  and we want to know if this will cause any issues. He is considering having a new FBI background report ran and a State Police one and attaching it as supporting evidence. Any advice, information, or direction to people in similar situations would be really appreciated. He contacted his former public defender and was told that getting a copy of that record was next to impossible.