What shows up in a background check?

[JulesOz 6]

Searched through the forums, but couldn't find anything current and relevant to my case. Hope someone can help out  

 

I'm wondering how the FBI/background checks are conducted and what shows up? I'm from Australia and have two very minor marks on my record. One 'public nuisance' for being drunk, which was over 10 years ago (2006) and shouldn't show up on the record anymore ($400 fine and no other penalty). The other is a 'drunk in public' which was 8 years ago (2009) that might show up on the record (no fine and no penalty.) They are super small and have never been a problem in the past when securing my teaching license and I also successfully applied for a US B2 visa. Should I just disclose them again and assume they won't be a problem.

 

Or should I not disclose these in the application if they're not going to show up? It would save having to get the documents together. I doubt they would raise a red flag in regards to knocking back my application because they're so minor and happened a long time ago, but I'm worried that if i don't record them they might get found and it'll become an issue.  

 

What would people do in this scenario? Or what do you recommend? 

 

Thanks a lot!

Edited March 20, 2017 by TBoneTX
to correct an unfortunate typo

[NancyNguyen 1,657]

Well, you know consequensces when USCIS finds out you don't disclose something on your record. Good luck.

[JulesOz 6]

Understood  So disclose anything, no matter no small and how long ago. Even if it doesn't show up on my own countries records anymore? Do you anticipate there being much of an issue with the application because of these two minor charges?

[EmilyW 1,222]

I would declare.  These things will show up on a criminal records check if that check includes both spent and unspent offences (which is what they normally require).

[KazuriSana 324]

Most of your sins, at least those that have a paper trail in the US,  will show up in an FBI background check. So just make sure you list them up.

[KULtoATL 1,551]

Definitely disclose. Besides, you disclosed them when applying for your B2 back then. What you disclosed during your B2 application is probably on the embassy's system already for the CO to see so you'd want to be consistent

[MikeNZ1984 44]

I'm not a lawyer, but.. if it was me I'd disclose. If you are asked the question you legally need to answer it correctly, obviously if not asked you don't need to tell. BUT if you don't disclosed when asked you can lose everything. 

[JulesOz 6]

56 minutes ago, KULtoATL said:

Definitely disclose. Besides, you disclosed them when applying for your B2 back then. What you disclosed during your B2 application is probably on the embassy's system already for the CO to see so you'd want to be consistent

 

Yep that's a very good point. I'm pretty sure I didn't disclose the 2009 thing because at the time I didn't think it would show up. I think I already knew the answer, just wanted people to reiterate the sensible thing to do... disclose. Thanks to everyone who gave me the advice I needed.

 

Additionally, has anyone filed their application with something on their record? Any tips?

 

Cheers,

 

[KULtoATL 1,551]

9 minutes ago, JulesOz said:

 

Yep that's a very good point. I'm pretty sure I didn't disclose the 2009 thing because at the time I didn't think it would show up. I think I already knew the answer, just wanted people to reiterate the sensible thing to do... disclose. Thanks to everyone who gave me the advice I needed.

 

Additionally, has anyone filed their application with something on their record? Any tips?

 

Cheers,

 

Good luck and I'm sure you'll do just fine  I don't have a record but the only reason why I mentioned that the officers would have our past application history is simply because I was asked a lot about things that were said and recorded from a previously rejected application (but not an adjustment of status process). I was in front of the officer thinking "Wow they know everything from before that even my brain doesn't remember them very clearly now!"

Edited March 20, 2017 by KULtoATL

[zilchfox 296]

Just disclose them, they're minor anyways, and chances are USCIS isn't going to care for the offenses, but it'll work in your favor for being honest, even if it's not on record.  

[Unlockable 7,306]

I would say that it is possible that everything can show up. If you think about it it can be a matter of security and safety of US citizen(s).

 

If, during those drunken incidents, you were screaming "Death to Americans", surely USCIS would be interested in the details of the case, even if it was minor charges. Best to disclose them because as you say, they are minor.

[AmandaBN 32]

As others have said it's always in your best interest to be completely honest and up front with USCIS. My husband had a drunk driving citation on his record that was about five years old at the time of his embassy interview and it was no problem at all. They are really focused on "crimes of moral turpitude" so be upfront about your mistakes and you should be fine

[JulesOz 6]

Thanks Amanda. From what I've read it seemed like the 'crimes of moral turpitude' were the biggest issues, so I don't think i'll have a problem with such minor offenses that occurred 11 and 8 years ago. As always, honesty is the best practice  Thanks everyone else for their input.

[Shiobhan 235]

Tickets, DUI, gang or terror affiliations

communists party involvement criminaliiy

worldwide and more

[David & Diana R 1,005]

18 hours ago, JulesOz said:

Searched through the forums, but couldn't find anything current and relevant to my case. Hope someone can help out  

 

I'm wondering how the FBI/background checks are conducted and what shows up? I'm from Australia and have two very minor marks on my record. One 'public nuisance' for being drunk, which was over 10 years ago (2006) and shouldn't show up on the record anymore ($400 fine and no other penalty). The other is a 'drunk in public' which was 8 years ago (2009) that might show up on the record (no fine and no penalty.) They are super small and have never been a problem in the past when securing my teaching license and I also successfully applied for a US B2 visa. Should I just disclose them again and assume they won't be a problem.

 

Or should I not disclose these in the application if they're not going to show up? It would save having to get the documents together. I doubt they would raise a red flag in regards to knocking back my application because they're so minor and happened a long time ago, but I'm worried that if i don't record them they might get found and it'll become an issue.  

 

What would people do in this scenario? Or what do you recommend? 

 

Thanks a lot!

ALWAYS tell the truth!  Omitting things is the equivalent of lying.