arrested and detained- consequences?

[Chamy and Gatita 3]

We are getting ready to file for removal of conditions and I'm wondering if it's a big deal that hubby got detained once and arrested once.

Charges were not filed- the DA dropped it. When he was detained it was for drunk and walking, the arrest was for drunk and sleeping in a parked car in a parking lot. In other words, BS from a county unfriendly to Latinos.

We tried to find out if we could get his record cleared, but apparently we can't -- there are no charges to expunge. (catch-22!!!)

Any thoughts?

[RICARDO4EVA2 194]

Should not have any effects on removing his conditions. Now might have some weight to if he should apply for citizenship. Basically he didn't get the lash for the drunk/walking then was found drunk/sleeping... In the parked car. Its not BS from a country thats not kind to latinos.... Its called public intoxication... He should study the law to avoid ongoing issues with the law... Sorry to hear of the unfortunate...

Edited January 12, 2011 by RICARDO4EVA2

[JeroenAndMichelle 28]

Don't worry about it... I have been arrested in 1998 for something once, also something minor, and they actually did file charges and I actually went to court, but I am still here (I went through the interview at the embassy, the AOS and all that without much hassle.. currently waiting for the removal of the conditions but not too worried about that now). I doubt it will be any problem for your removal of the conditions as nothing serious happened.

However, be sure to tell them about it, though. Where the question says 'have you ever been arrested.. etc etc', you should answer 'yes' as they can check this kind of information in their computers. I know someone (ok, his case was not for removal of conditions but for a citizenship) who got denied citizenship because he entered 'no' while they saw he did get arrested once, even though there were no charges filed and he never went to jail they still knew. They stated that he was denied because he lied, not because of the arrest (he is actually eligible to try again in 5 years).. if he actually said yes to the question, he would probably have had his citizenship without problem I'm just saying, make sure to be honest about it, and make sure to file copies of every piece of document as extra evidence, preferably with a short explanation of the situation (but don't go about a county who dislikes latinos because, like the person above me also said, they were following the law).

[Chamy and Gatita 3]

Good morning,

Thank you for your replies. I'm afraid the first writer might have jumped to a few conclusions though. Granted my post gave the barest minimum of details.

To clarify then, I was referring to a county, not the country. The county this occured in is not friendly to Latinos, and that is well documented. The police detained him illegally and did not follow procedure. For this, no charges were filed. At that time, my husband did not want to have anything to do with the police, and he did not want to file a complaint or get a lawyer. I would have, but I respected his wishes.

When he got arrested, he had been drinking and knew he could not drive. He went to his parked car and was sleeping it off. With regard to the first writer's comment that he should study the law, actually we did study the law and that is why the DA dropped charges. He was not in violation of the law and this did not, as the writer stated, constitute "public intoxication." He did not meet the criteria, one of which was to actually be in public. He was on private property, and had permission. So again, we are dealing with a case of county police not knowing the law and overstepping their legal jurisdiction. The first writer is right, it is unfortunate.

Though we are happy that the charges were dropped, basically we find ourselves in a catch-22. We can't get his record expunged, because there are no charges or convictions to expunge. Yet we still have to disclose this detention and arrest, even though they amounted to nothing; one might even say they were wrongful and or illegal. Where is the fairness in that?

We are interested in hearing if others have had direct experience in this area, and if there is a way to remove this from his record. Thanks everyone and have a great day.

[Krikit 1,164]

Off topic type post has been removed from the thread. Please stop or you will find yourself removed from the thread too. Thank you.

[JeroenAndMichelle 28]

He did not meet the criteria, one of which was to actually be in public. He was on private property, and had permission

That's pretty messed up.. sorry to hear that

I don't know if the guy who went for the N400 was able to clear his record, I kind of doubt he even tried, so I'm sorry I can't be of much help there.