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an old conviction- how do i get records

#1 TJandJR

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Posted 20 October 2012 - 04:25 PM

About 20 years ago I got a misdemeanor conviction of peace disturbance and paid $100 fine. I wasn't going to list it because on the I-129F it asks if you've been convicted of specific crimes and I haven't been charged or convicted of any of those things. But now I'm afraid if I don't list it that it could cause delays or they could deny us on misrepresentation. So how do I go about getting a copy of it / my "criminal" history? And how much emphasis will they put on it? I'm the petitioner. I'm the us citizen. Thanks.
Posted in wrong forum first time so reposting here. Sorry.
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#2 Enigma11561

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Posted 20 October 2012 - 04:52 PM

Been awhile, but if memory serves me correctly, the petitioner does not need to show any criminal records. Only the beneficiary.
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#3 elyhim

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Posted 20 October 2012 - 05:29 PM

Been awhile, but if memory serves me correctly, the petitioner does not need to show any criminal records. Only the beneficiary.


Petitioner needs to show transcripts for certain convictions. Domestic, drug/alchohol if more than three and sexual abuse/battery etc.. If you have those then you might have a hard time.

I think even if they allow the petition the beneficiary should be aware of them.
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#4 TJandJR

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Posted 20 October 2012 - 06:48 PM

I asked this in wrong forum (hazard of posting from my cell) tried to repost correctly but don't see it. Trying again...
I have a misdemeanor disturbing the peace from about 20 yrs ago and paid $100 fine. On the i-129f it asks about very specific crimes and I've never been charged or convicted of any of them. But I'm afraid if I don't disclose this other one that it will cause delays or a denial saying I tried to misrepresent. How do o get a copy of that conviction/my "criminal" background from so long ago? And how much will they be concerned about it? I'm the petitioner and us citizen.
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#5 Calicolom

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Posted 20 October 2012 - 07:03 PM

Best thing is do a back ground check on yourself, there are many good Internet sites where you pay $ 20 or $30 for a onetime back ground check on yourself. This is what USCIS does.
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#6 TJandJR

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Posted 20 October 2012 - 07:23 PM

If I can't find it should I just include a letter from me telling them about it?
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#7 love4life09

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Posted 20 October 2012 - 07:31 PM

I asked this in wrong forum (hazard of posting from my cell) tried to repost correctly but don't see it. Trying again...
I have a misdemeanor disturbing the peace from about 20 yrs ago and paid $100 fine. On the i-129f it asks about very specific crimes and I've never been charged or convicted of any of them. But I'm afraid if I don't disclose this other one that it will cause delays or a denial saying I tried to misrepresent. How do o get a copy of that conviction/my "criminal" background from so long ago? And how much will they be concerned about it? I'm the petitioner and us citizen.



I don't think the crime of disturbing the peace relates to the specific crimes they are talking about . I would not be concerned about it as it is not a crime against another person or drug/alcohol related. If you feel you MUST answer "yes", then you have no choice but to obtain the police report from the arresting agency (police dept.) and the court record showing the disposition, from the courthouse in that county . Answer yes and send no records, you will surely get an RFE .
Best wishes

Edited by love4life09, 20 October 2012 - 07:32 PM.

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#8 TJandJR

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Posted 20 October 2012 - 07:45 PM

So let's say I answer no and then they run my background check and see it. Since it isn't what they asked about, do they just ignore it? And if they do ask why I didn't disclose it, is it an automatic denial? Anyone have experience with this?
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#9 reese1

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Posted 20 October 2012 - 08:18 PM

Yes I do.It is a simple yes or no to the criminal questions they ask. If the answer is no, then there is no need to send a letter stating anything that does not pertain to the questions they asked. I have a misdemeanor(traffic infraction) from my youth I did not disclose the information as it did not apply to the criminal questions asked. I did not get a RFE about it and my petition was approved and is on its way to the Consulate.
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#10 jkelly07

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Posted 20 October 2012 - 08:20 PM

best to answer YES it's on your file, go to your local police station ask for a record of your report,you may have to pay a fee.make copies,you will need them again in your journey,you should be alright,
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#11 love4life09

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Posted 20 October 2012 - 08:44 PM

So let's say I answer no and then they run my background check and see it. Since it isn't what they asked about, do they just ignore it? And if they do ask why I didn't disclose it, is it an automatic denial? Anyone have experience with this?



In my opinion,they would ignore it. I had two misdemeanor A&B arrests long ago, without convictions . I thought I only had one, and sent only the records for the one. There were no problems or questions ever asked . You COULD call the PD and see if they will mail you the police report, and the county court clerk will mail the court document to you for a small fee, so there would be no worries.

Edited by love4life09, 20 October 2012 - 08:45 PM.

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#12 2HeartsR1

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Posted 21 October 2012 - 01:08 AM

I asked this in wrong forum (hazard of posting from my cell) tried to repost correctly but don't see it. Trying again...
I have a misdemeanor disturbing the peace from about 20 yrs ago and paid $100 fine. On the i-129f it asks about very specific crimes and I've never been charged or convicted of any of them. But I'm afraid if I don't disclose this other one that it will cause delays or a denial saying I tried to misrepresent. How do o get a copy of that conviction/my "criminal" background from so long ago? And how much will they be concerned about it? I'm the petitioner and us citizen.



Answer the question asked. If it does not apply to you, and you indicate above it does not, then answer no. If it does, then answer truthfully and prepare to provide the documentation they require. Do not try to read things into it and add confusion to your case. They know what they are looking for, and if they want it they will ask for it. Best wishes for a smooth journey for you and your loved one.:yes:
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USCIS
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NOA1 - 11-25-11
Sent K-3 Petition - 12-13-11
NOA1 - 12-14-11
RFE for I-130 - 6-4-12
Submitted RFE Info - 8-23-12
Request to Withdraw K-3 Sent - 8-25-12
NOA2 I-130 APPROVED - 8-27-12

NOA2 K-3 APPROVED - 8-27-12
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???
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NVC reports case sent back on - 10-22-12


#13 2HeartsR1

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Posted 21 October 2012 - 01:36 AM

About 20 years ago I got a misdemeanor conviction of peace disturbance and paid $100 fine. I wasn't going to list it because on the I-129F it asks if you've been convicted of specific crimes and I haven't been charged or convicted of any of those things. But now I'm afraid if I don't list it that it could cause delays or they could deny us on misrepresentation. So how do I go about getting a copy of it / my "criminal" history? And how much emphasis will they put on it? I'm the petitioner. I'm the us citizen. Thanks.
Posted in wrong forum first time so reposting here. Sorry.


You can contact the state police dept for a background check specifically in the state the conviction took place. I have had to do these myself for employment purposes. You can request it via the website for the state police dept of that state. You will see an option to order a background check and fill out the request form and pay a small fee ( I think I paid 25$). Also, any conviction should be recorded at the county courthouse where you were convicted (you can find there contact info online). If you call the courthouse they can look up the records for you as it is public information, and for a nominal fee they will copy the record and send it to you. I will reiterate as in your later post...make sure you are replying to the question they ask. If it does not apply to you answer no. God bless you on your journey and may peace reign in your life.
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USCIS
Sent I-130 Petition - 11-23-11
NOA1 - 11-25-11
Sent K-3 Petition - 12-13-11
NOA1 - 12-14-11
RFE for I-130 - 6-4-12
Submitted RFE Info - 8-23-12
Request to Withdraw K-3 Sent - 8-25-12
NOA2 I-130 APPROVED - 8-27-12

NOA2 K-3 APPROVED - 8-27-12
I-797C received in the mail for I-130 ad K-3 - 8-31-12
I-130 was approved 254 days from NOA1 date

NVC
NVC Received/Email Notification - 9-5-12
NVC Case # - 9-5-12
Emailed DS-3032 - 9-6-12
Paid I-864 Fee - 9-6-2012
I-864 PAID - 9-10-12
Sent I-864 - 9-29-12
I-864 accepted - 10-11-12
Sent IV Packet - 9-29-12
RFE for DS230 - 10-11-12
Response to RFE received - 10-15-12
IV Packet accepted
Paid IV bill - 9-10-12
IV bill PAID - 9-20-12
Case Complete
???
USCIS request case be returned to them - 10-18-12
NVC reports case sent back on - 10-22-12


#14 feli114

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Posted 21 October 2012 - 04:55 AM

O

About 20 years ago I got a misdemeanor conviction of peace disturbance and paid $100 fine. I wasn't going to list it because on the I-129F it asks if you've been convicted of specific crimes and I haven't been charged or convicted of any of those things. But now I'm afraid if I don't list it that it could cause delays or they could deny us on misrepresentation. So how do I go about getting a copy of it / my "criminal" history? And how much emphasis will they put on it? I'm the petitioner. I'm the us citizen. Thanks.
Posted in wrong forum first time so reposting here. Sorry.

Your answer to that question is No on the form. Your misdemeanor does not fall into the category that they specified. Don't give more than what is asked for. You will only cause a delay in your case for nothing. I had a domestic charge, so I got the rfe for court papers from 1999. It took 8 mo for an noa2.

O

About 20 years ago I got a misdemeanor conviction of peace disturbance and paid $100 fine. I wasn't going to list it because on the I-129F it asks if you've been convicted of specific crimes and I haven't been charged or convicted of any of those things. But now I'm afraid if I don't list it that it could cause delays or they could deny us on misrepresentation. So how do I go about getting a copy of it / my "criminal" history? And how much emphasis will they put on it? I'm the petitioner. I'm the us citizen. Thanks.
Posted in wrong forum first time so reposting here. Sorry.

Your answer to that question is No on the form. Your misdemeanor does not fall into the category that they specified. Don't give more than what is asked for. You will only cause a delay in your case for nothing. I had a domestic charge, so I got the rfe for court papers from 1999. It took 8 mo for an noa2. Just let your beneficiary know about it.
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#15 TJandJR

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Posted 21 October 2012 - 10:53 AM

Thank you everyone.
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