Should Arrest Records Be Disclosed or not? (No Convictions)

[Shauneg 762]

He had two arrests. The first one is the sexual battery case when he was 19 (he's 28 now) and the girl was 24. He only got arrested, he never went to jail, no trial, case dismissed. The police didn't believe the girl's statement because it was total bs, she just wanted to get back at him. Which is totally unfair coz the police should've investigate first before they made the arrest. His family and I gets angry and hurt whenever this thing comes up. The second arrest was for theft but they lacked evidence for it so they gave him a decision of "Withheld Adjudication" which in law means that you are not convicted. He was on probation and did community service

You seem pretty worried as everyone keeps telling you not worry, If it makes you two feel better write a letter explaining the circumstances of both cases and make sure it says that the female fiancee is aware and acknowledges said offenses. Have both of you wet sign it and send it in with your packet. Not really anything more than that could ease your mind I think. It's highly unneccesary in my opinion, but if makes you two feel warm and fuzzy than go for it.

Edited June 11, 2015 by Shauneg

[aljci 7]

Frequently deferred adjudications are "convictions" for immigration purposes. It depends on the state and under which provision it was deferred. In Massachusetts, for example, "pre trial probation" is not a conviction, but "continued without a finding" is. If in doubt, disclose it.

Withheld adjudication generally refers to a decision by a judge to put a person on probation without an adjudication of guilt. It means a person is not found guilty legally by the court. If the person successfully completes the terms of probation and has no subsequent offenses, no further action with be taken on the case and the offense for which adjudication was withheld is typically not considered a prior conviction for purposes of habitual offender sentencing. In was in the state of Florida

[Katherine93 30]

I believe that withheld/deferred adjudications are considered convictions for immigration purposes. It is kind of in the grey area if you will have to disclose it though, as technically it is not a conviction but in most scenarios it is considered as a conviction.

[Hank_ 9,171]

My fiance and I are about to submit our K1 Visa Petition to USCIS. We want to ask if my fiance (the petitioner) need to disclosed his arrest records in the past. He had no convictions. The first one was dismissed and the second one he was given "Withheld Adjudication" and served probation which he completed. We know that the USCIS will do a background check on him. Is it necessary to disclosed the arrest records or should we just let them find out on their own since there were only arrest made and no convictions?

Answer the questions honestly on the I-129F, only offer information pertaining to their questions, volunteer nothing extra.

[southcoast 27]

Withheld adjudication generally refers to a decision by a judge to put a person on probation without an adjudication of guilt. It means a person is not found guilty legally by the court. If the person successfully completes the terms of probation and has no subsequent offenses, no further action with be taken on the case and the offense for which adjudication was withheld is typically not considered a prior conviction for purposes of habitual offender sentencing. In was in the state of Florida

I don't know about habitual offender sentencing. You may well be right. But for immigration the rules are different. The florida statute you are referring sounds a lot like the Massachusetts rules surrounding "continued without a finding". In Massachusetts it is not a conviction, but in immigration it is. It is statutorily defined in the immigration and nationality act at 101 (a) (48) (A), and it includes many deferred adjudications. I don't know enough about the florida staute, but would still say that if in doubt- disclose it.

[aljci 7]

Answer the questions honestly on the I-129F, only offer information pertaining to their questions, volunteer nothing extra.

My fiance and I are thinking the same thing. We'll just move forward with it and with a lot of prayers we hope everything will go smoothly. Thank you

[KayDeeCee 4,891]

Okay, arguing about whether or not the theft charge was an actual conviction or not seems silly. The instructions from the form were posted in this thread already. It makes absolutely no difference whether or not the theft was technically a conviction or not. Theft is not one of the crimes stated in the instructions that a USC petitioner must disclose.

The disclosure of past convictions for certain crimes is part of the IMBRA law. It ONLY pertains to the types of crimes that are stated in the instructions and on the form. Theft is not among them. The sexual assault is, but there was no conviction there. End of story. The USC petitioner is free to check NO.

Again, here are the instructions>

3. What Documents Must You Submit to Comply With IMBRA?

a. If you have ever been convicted of any of the following crimes, submit certified copies of all court and police
records showing the charges and dispositions for every conviction. You must do so even if your records were sealed
or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no
longer have a record.

(1) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.
The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or
former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of
the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other
person against an adult or youth victim who is protected from that person's acts under the domestic or family
violence laws of the jurisdiction.

(2) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking,
peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint,
false imprisonment, or an attempt to commit any of these crimes.

(3) Crimes relating to a controlled substance or alcohol on three or more occasions, where such crimes did not arise
from a single act.

[aljci 7]

Okay, arguing about whether or not the theft charge was an actual conviction or not seems silly. The instructions from the form were posted in this thread already. It makes absolutely no difference whether or not the theft was technically a conviction or not. Theft is not one of the crimes stated in the instructions that a USC petitioner must disclose.

The disclosure of past convictions for certain crimes is part of the IMBRA law. It ONLY pertains to the types of crimes that are stated in the instructions and on the form. Theft is not among them. The sexual assault is, but there was no conviction there. End of story. The USC petitioner is free to check NO.

Again, here are the instructions>

3. What Documents Must You Submit to Comply With IMBRA?

a. If you have ever been convicted of any of the following crimes, submit certified copies of all court and police

records showing the charges and dispositions for every conviction. You must do so even if your records were sealed

or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no

longer have a record.

(1) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.

The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or

former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is

cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of

the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other

person against an adult or youth victim who is protected from that person's acts under the domestic or family

violence laws of the jurisdiction.

(2) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking,

peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint,

false imprisonment, or an attempt to commit any of these crimes.

(3) Crimes relating to a controlled substance or alcohol on three or more occasions, where such crimes did not arise

from a single act.

This is by far the most logical answer to the question posted. Thank you

[Gill&Grant 5]

Hey guys ... I am beneficary ...I went on 3 month holiday to oc md back in 2009 with the girls during the summer break of college I was 21at the time I got arrested for having an open container on the beach and spent the night in Worcester jail.I was finger printed and did a mug shot .... I ticked no to all convicton boxes until I got to the ds160 form which asks you disclose if you have ever been arrested even if it was pardoned I ticked yes and recently received my packet three which requires police certs from Ireland done ...no arrested here ...and asks for a police cert from any country you were arrested in????? What do I need ...any advise appreciated !

[Shauneg 762]

Hey guys ... I am beneficary ...I went on 3 month holiday to oc md back in 2009 with the girls during the summer break of college I was 21at the time I got arrested for having an open container on the beach and spent the night in Worcester jail.I was finger printed and did a mug shot .... I ticked no to all convicton boxes until I got to the ds160 form which asks you disclose if you have ever been arrested even if it was pardoned I ticked yes and recently received my packet three which requires police certs from Ireland done ...no arrested here ...and asks for a police cert from any country you were arrested in????? What do I need ...any advise appreciated !

from what you wrote, the police record when arrested.

[aljci 7]

Im the one who posted this topic and on July 22 we got approved. Yay! Praise the Lord! NOA1 July 2 NOA 2 July 22

[Shauneg 762]

Im the one who posted this topic and on July 22 we got approved. Yay! Praise the Lord! NOA1 July 2 NOA 2 July 22

Congrats. Did you ever end up diclosing anything on the forms?

[aljci 7]

Thank you so much. No. My fiance just answered no to all the questions and he didn't disclose his arrest records. Although i know i might be ask during the interview but i'll be prepared for it. We'll update so other future k1 visa petitioners will have an idea.

[rain44 0]

On 6/12/2015 at 4:16 AM, KayDeeCee said:

Okay, arguing about whether or not the theft charge was an actual conviction or not seems silly. The instructions from the form were posted in this thread already. It makes absolutely no difference whether or not the theft was technically a conviction or not. Theft is not one of the crimes stated in the instructions that a USC petitioner must disclose.

The disclosure of past convictions for certain crimes is part of the IMBRA law. It ONLY pertains to the types of crimes that are stated in the instructions and on the form. Theft is not among them. The sexual assault is, but there was no conviction there. End of story. The USC petitioner is free to check NO.

Again, here are the instructions>

3. What Documents Must You Submit to Comply With IMBRA?

a. If you have ever been convicted of any of the following crimes, submit certified copies of all court and police
records showing the charges and dispositions for every conviction. You must do so even if your records were sealed
or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no
longer have a record.

(1) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.
The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or
former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of
the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other
person against an adult or youth victim who is protected from that person's acts under the domestic or family
violence laws of the jurisdiction.

(2) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking,
peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint,
false imprisonment, or an attempt to commit any of these crimes.

(3) Crimes relating to a controlled substance or alcohol on three or more occasions, where such crimes did not arise
from a single act.

Unfortunately as of 04/2017 the question now states :

 

"Have you EVER been arrested or convicted of any of the following crimes?" and "If you were ever arrested or convicted of any of the specified crimes, you must submit certified copies of all court and police records showing the charges and disposition for every arrest or conviction."

 

So just being arrested even without conviction must be reported. Otherwise with the EXTREME VETTING this can result in a denial.