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JulesOz

What shows up in a background check?

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Posted (edited)

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 by TBoneTX
to correct an unfortunate typo

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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?

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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 :)

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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. 

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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,

 

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Posted (edited)
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 :D 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 by KULtoATL

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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.

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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 :)

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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.

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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.

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