Need some help

[Michyme82 0]

I am applying for a K-1 visa but I know they look into you criminal history. When I was 15 I got a petty charge of possession of weed- but its not on my record anymore because I'm an adult now. 4 years ago I was charged with a DUI but the courts dropped the case because their was no evidence of me driving (which I wasn't driving). Do I have to state these offenses on the forms???

[Udella&Wiz 325]

I am applying for a K-1 visa but I know they look into you criminal history. When I was 15 I got a petty charge of possession of weed- but its not on my record anymore because I'm an adult now. 4 years ago I was charged with a DUI but the courts dropped the case because their was no evidence of me driving (which I wasn't driving). Do I have to state these offenses on the forms???

You're required to provide a police check so anything on your adult record would show if you were charged. I don't know about the 15 yr old thing or whether if a case was dropped that it will even show up.

honesty is the best policy, I'm sure there's someone here who could provide better details or remembers someone who had a similar situation

[thetreble 19]

Michy, could you try to put all your questions in one thread?

As udella said, you have to provide a police check and you must be honest about your offenses. If you are dishonest, you may get caught up on it, so just be honest.

[Inky 1,110]

at the medical they ask if you have ever received or been charged with DUI or if you have ever DUI. they also ask if you have ever used drugs been in posetion of drugs or had drug or alcohol problems or drug or alcohol abuse and you have to answer this truthfully. its part of the medical.

[trailmix 77]

I am applying for a K-1 visa but I know they look into you criminal history. When I was 15 I got a petty charge of possession of weed- but its not on my record anymore because I'm an adult now. 4 years ago I was charged with a DUI but the courts dropped the case because their was no evidence of me driving (which I wasn't driving). Do I have to state these offenses on the forms???

Yes, you do have to state them. I assume you mean the DS-230 where it says:

41. Have you ever been charged, arrested or convicted of any offense or crime? (If answer is Yes, please explain)

It says 'ever' - so the charges as a youth are included, in my opinion. Although the DUI was dropped - were you charged or arrested? I assume you were charged or it would not have gone to court, so that must also be included.

It asks on the DS-230 for an explanation. You should be sure to give a complete explanation of the case being dropped and why.

I would also say that since you were convicted of a crime (the possession of weed) that you are going to have to get a fingerprint check rather than a name check only. I would recommend that you do this as once they see the information on your form they may ask for the full fingerprint check. As this can take some time, you may as well save yourself the hassle later and just get it now.

Applicants who have been convicted of a crime in Canada must contact their local RCMP office to obtain a “Certified Criminal Record Check,” which lists an applicant’s criminal history, indicating the section of the Canadian Criminal Code under which the applicant was charged, the disposition of the case, and the penalty imposed, if any. Obtaining a Certified Criminal Records Check requires submission of a fingerprint chart; the RCMP could take between two and twelve months to process a request for a Certified Criminal Record Check. (Note: If a namecheck by a police agency reveals a conviction record, that agency may be unwilling to issue a certificate and may refer the applicant to the RCMP for a Certified Criminal Record Check.)

Maybe someone who has done the fingerprint police check can answer this - I seem to remember something about also having to get the court records as well?

Edited September 10, 2009 by trailmix