Please Help! Arrested with no charges..

[DayDay 0]

I am new here and Im kinda desperate right now and need advice. I was held in jail on sunday night for getting so drunk and was released and picked up by my husband when i sober up few hours later. I asked the police officer if i get criminal record and she said i was just detoxed and there were no charges. Im wondering if this will affect my removing conditions application that im about to file this december, now that i have arrest record is there anything i can do about it that will not deny my application? i hardly drink alcohol and that night was the biggest mistake ive ever done in my 27 years on this planet (( any advice will be very much appreciated.

[Hypnos 6,576]

You will likely need a statement showing that no charges were forthcoming from the arrest; other than that it should not affect the process to any significant extent.

[Kathryn41 3,205]

Get a statement from the police officer about exactly what happened that night and that no charges were filed, you were just detained for your own protection until you sobered up. You do not have a criminal record and recording an event like this should not cause you any problem with your immigration processes unless you make a habit of this - which it certainly sounds like you won't.. You do need to answer yes to any question on all future immigration paperwork that ever asks if you have been arrested or detained. Under the circumstances you described, it won't be a problem - unless you don't answer the questions correctly.

Edited September 16, 2012 by Kathryn41

[Thapa 1]

You must disclose your arrest in the application and produce/attach the arrest record. When USCIS run background check on your application the arrest record will come out for sure. There should not be any problem for the arrest with your removing conditions application.

[M613 6]

Been there-and it's scary as all hell (especially in Texas, where they can and do haul folks in with zero evidence. fun!). Anyways, fear/remorse/hangover aside, please DO contact the criminal court in the arresting county; courts hold all records if charges are filed in any way (these go back to the 70's here where I am). At your request (and for a nominal fee), the county clerk provides an original certified statement stating that no charges exist in their systemm; I know that on my letter, they state that they went back in their records to the 70's--hence my earlier notation of it. So the answer "yes" is checked on the form re: ever being arrested, and the original letter from the court system here is going into my 1-751 packet next week.

-From my understanding, barring any insane terrorist/government downfall/drug charge shenanigans, you will be OK provided you ARE actually married and that you did indeed enter the marriage in good faith/blah blah. As with anything in life, honesty is the best policy.

[iishin 2]

You must provide a statement/police report regardless if you were charged or not. If you were driving which you did not indicate, it would be a OWI/DUI offense. If you were not driving, the record would possibly show up if do a background check on you.

Edited September 26, 2012 by iishin

[jaycali 415]

Were you actually booked at the jail? Fingerprints taken etc? If so, you were, by law arrested and must disclose it.

Or,

Were you cuffed and taken to a detox clinic, or otherwise held but not booked? Depending on what state you live in you may not, by law, actually have been arrested.

In California and certain other states, police have the option to put a drunk person under "civil protective custody" until it is determined that the person is sober enough to take care of themselves. According to California law and certain other states' laws, civil protective custody "is not, and shall not be considered an as arrest, and no charges shall be filed."

So, were you booked, and is there an actual arrest record of you? If so, you must disclose it. Unless you actually broke other laws while drunk, public intoxication is most often considered a misdemeanor, and I highly doubt it will adversely affect your ROC. If you have an arrest record and lie about it, it will adversely affect your ROC.

Edited September 27, 2012 by jaejayC

[jaycali 415]

Pretty much what I'm saying is that if the county has no record of your arrest, you were most likely placed under civil protective custody, in which case you can honestly say no if asked if you've ever been arrested.

Edited September 28, 2012 by jaejayC

[DayDay 0]

I couldnt even remember if i was fingerprinted etc but yeah i was booked. I went back to the police detention department where i was held to pay the $30 booking fee and I asked the clerk what will show up on my records and asked again if there where charges and she said no and it will show that i was booked and released on my record i asked her if i can ask for police statement that theres no charges were filed on my arrest and she told me to go to the records office. hmp. I havent gone to the records yet because im still scared that if i show up and bring it up, they will file charges against me since there were no charges have been filed after my arrest. its been almost a month already but still worried.

[LIFE'SJOURNEY 970]

Get the record from the court that says no charges were filed. All will be fine, you aren't the first nor will be the last. Aslong as no charges were filed or still pending you are okay.

[DayDay 0]

Its been weeks already of thinking to go get a statement stating that no charges were filed but i am really worried that they might still file charges against me if i show up since i was arrested for being drunk very recently. I even still feel fear every time i check our mails that i might receive a letter to appear in court about my arrest that night Thanks everyone for your respond everyone. telling me it will not affect my ROC makes me feel a lot better. @ iishin: no, i was not driving that night.

[LIFE'SJOURNEY 970]

Its been weeks already of thinking to go get a statement stating that no charges were filed but i am really worried that they might still file charges against me if i show up since i was arrested for being drunk very recently. I even still feel fear every time i check our mails that i might receive a letter to appear in court about my arrest that night Thanks everyone for your respond everyone. telling me it will not affect my ROC makes me feel a lot better. @ iishin: no, i was not driving that night.

The part bolded has a need for medical treatment rather than charges or jail time. Hope you can resolve these issues soon.

[DayDay 0]

The part bolded has a need for medical treatment rather than charges or jail time. Hope you can resolve these issues soon.

Thanks you make me smile.

[M613 6]

Overcome your fear and google the county clerk where you live. Ask them for a records search- they can do that in the phone inmost counties. Again, for a tiny fee ($5-10 bucks), you can then request that this be certified (important) and mailed to you. The county clerk can't and would never "remember" or arrest you; the only folks who would are the the cops that show up for something and run your name. So- lesson learned. Chill out, gather your brain, and pick up the phone If you're ever out partying in the future, and feel yourself getting really ###### up, remember your spouse. Remember the horrid K-1 process and waiting and wondering... Just remember what's important, and have a great life with your partner:)

[DayDay 0]

Overcome your fear and google the county clerk where you live. Ask them for a records search- they can do that in the phone inmost counties. Again, for a tiny fee ($5-10 bucks), you can then request that this be certified (important) and mailed to you. The county clerk can't and would never "remember" or arrest you; the only folks who would are the the cops that show up for something and run your name. So- lesson learned. Chill out, gather your brain, and pick up the phone If you're ever out partying in the future, and feel yourself getting really ###### up, remember your spouse. Remember the horrid K-1 process and waiting and wondering... Just remember what's important, and have a great life with your partner:)

Thank you for your advices. I feel really bad because we have a good married life here, his family loves me and i was just named as associate of the month this august and have a good reputation in the facility im currently working hmp. another thing im worried about if theyre gonna find out and fire me that was the biggest mistake ive ever done in my life. my husband keep telling me not to worry much about it and just be thankful that nothing even worse happened to me than spending a few hours in jail that night. ah story of life