Background Check confusion

[Parkers27910 4]

Can anyone help? Twenty years ago my husband was arrested for and charged with minor theft in Canada. I am seriously confused. When filling out the I-260 Form, we put that yes, he was arrested for a crime.

However, when we did his police record check here in Canada, the record came back as "negative" (that he does not have a criminal record). We contacted the court where the case was sent to and they said that he was never "convicted" of a crime. The case disposition states "absolute discharge" which the clerk at the courthouse said means he was never convicted (hence, it would never show up on a background check). He was not given a penalty... no probation, no fine, no jail time... nothing. This was the first and only run-in he has ever had with law enforcement.

Can anyone advise on what we are missing here and what we may need to submit with his police record check? We are terrified of what proof we need? The court said any police records from that long ago would have been sent to the police station IF he was convicted.

HELP!!

Also, should we considered something like this would be grounds for denial? Thank you!!

Edited March 9, 2015 by Parkers27910

[Sweetcheeksss 91]

Take it from experience (and I'm sure a lot more people will come along and chime in) BUT - never lie on immigration forms. It doesn't matter whether or not it will show up on a background check. If the form is asking whether or not he's ever been convicted, then you must disclose that fact.

I believe you are going to have to get court documents in regards to the crime he committed, what his sentence was, if he had to do any probation, community service, etc.

Edited March 9, 2015 by Sweetcheeksss

[tonyb919 107]

Being arrested and charged does not mean he was convicted. If the courts told him he was not convicted then he was not convicted. Think about it OJ was arrested and charged with murder and we all know how that turned out.

[Sweetcheeksss 91]

I didn't say it was the same thing. I said "If the forms ask if he's ever been convicted it must be disclosed".

[tonyb919 107]

I didn't say it was the same thing. I said "If the forms ask if he's ever been convicted it must be disclosed".

and I am looking for where I disputed what you said.

But yes your are correct, they absolutely are not the same thing.

[Parkers27910 4]

The problems are here:

1) The form asks if he was ever "arrested". We definitely did not lie... we disclosed that yes, he was arrested.

2) Court records. When we called the court, they said they do not have the police records related to this incident. Per the clerk, any police records they have are sent to the local police office (RCMP), and would show up on his police record (which as I mentioned, did not). I called the police station to confirm that there is not a different record check we could complete to reveal the record and she confirmed there was not. The court also stores copies of old records, but the clerk is positive that a record like this from so long ago would have been thrown away. She was willing to double-check, but was very confident they would not keep the record.

3) He was never "convicted". She said the case showed "absolute discharge" which implies no conviction, but DOES NOT MEAN NOT GUILTY.

Absolute discharge

An absolute discharge is the lowest-level adult sentence that an offender can get.

If an offender gets an absolute discharge, a finding of guilt is made but no conviction is registered, and they are not given any conditions to follow (i.e. a probation order). The offender is finished with their case that day. They don’t have to come to court again or check in with a probation officer.

An absolute discharge will stay on an offender’s criminal record for one year after the date they received the discharge. The offender doesn’t have to apply for a pardon for the discharge to be removed from their record.

I'm so confused!

[tonyb919 107]

I will say this as a US government employee that works for another agency, and I am intricately involved in intiating background checks....the name of the game is DISCLOSURE, FULL DISCLOSURE.

You disclosed a arrest over 20 years ago, I would say that you did the right thing and are good to go.

[Sweetcheeksss 91]

Without going into too many details, 10 years ago I was arrested on a petty theft charge.

The USCIS officer interviewing me at my visa interview would not approve me unless I showed him certified court documents that outlined my charge, what the outcome was, any probation, etc.

(I too had a discharge.) I had to go to the court multiple times to get my records, at first they told me they didn't have them, then I spoke with a supervisor who had to order them from achieves (which took quite a while!).

That's just my experience and I hope everything goes smoothly for y'all. I know when it comes to any past criminal stuff it's SO confusing.

Edited March 9, 2015 by Sweetcheeksss

[Ontarkie 13,913]

Discharges are not recognized for for US immigration. He needs to get the fingerprints check done and a copy of his court records that have the results from the court case. And to be clear he was charged and convicted a discharge is just clearing his record after he stays out of trouble for 1 - 3 yrs. Get multiple copies of the court record, he will need it for ROC and Naturalization if he wants to go that far. They will not give it back and they will request another one for each step.

Edited March 9, 2015 by Ontarkie

[Parkers27910 4]

Ok.. Thanks everyone for the help! All of these pieces of information have been so valuable and we really do appreciate it so much!

My last question, as we have already submitted the 260 app and were preparing to send the supporting documents tomorrow, do you guys think we would be ok to send the police check we currently have and then (as the fingerprint police check takes approximately 4 months), just bring the fingerprint records and certified court records to the interview... In other words, can our case proceed with what we currently have and we just bring the additional docs to the interview? I can't fathom the idea of everything being put on hold with no progress for four months why couldn't I find this site 6 months ago

[Ontarkie 13,913]

Should be ok. The finger prints most likely wont take that long (fingers crossed), the sooner he gets started the better though.

[raven52 233]

Get your court documents you have stated, that say, "nothing" was charged and be ready, have everything, and be ready to answer questions.

You should be fine.

[el y yo 1]

Hello,

My fiancee had a ticket for a minor violation, so I called uscis about it and they told me that traffic tickets is not what they are looking for, but he told me that if it was anything were there was a court involved, even if it was discharged or not that "A certified final disposition order" needed to be provided along with the incident report, police report or police affidavit whichever applys. I hope that helps.