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californiagurl28

Issues with a Criminal Record

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Hello everyone! I'm about to petition my husband and he will file an AOS along with it. I'm having issues with the criminal history. In 2004, he got a "Notice to Appear" for 490.1 P.C. Petty Theft (an infraction). He appeared in court, got a fine, and paid it. I'm a bit confused about what records we need and how to get him. I know in SOME states (We live in California) a "Notice to Appear" is the same as an arrest. We have the original "Notice to Appear" that states what court to appear in, when, and what the crime was. There are two problems with the records and I'm wondering what to do:

1. His name is "Marc". His name on his "Notice to Appear" is misspelled, and it says "Mark". Will this be an issue? Should I go back to the court and ask for both names to be looked up? I never asked if she did both, but I gave her the "Notice to appear" along with his ID.

2. I went to the court, and was told the old place where he paid his fine closed. She looked everything up, and printed out the copy of his criminal record (It has his name spelled right). It turns out he doesn't have one, and it was certified. I then asked her what about the infraction? She said that it's just a ticket and the most she can do is print out what crime it was, but she REFUSED to certify it. I was confused, and I said we either need a record saying the outcome of the crime and it be certified, or a statement saying there are no records and have it certified. She again refused to certify the first, and she refused to give me anything saying there are no records of the outcome (let alone certify it). We just decided to get out of there, and we never got a paper of the actual crime (I have no clue if it said the outcome of it).

So, what do I do? Is the original "Notice to Appear", the certified background check saying there is no criminal record, and an explanation of the name being misspelled good enough? My goal is to get no RFE. If I have to go back there, how do I make her give me a certified copy? Do I ask to speak to her boss? I don't have a lawyer, so I'm not sure how I can convince someone I need a certified copy. She gave no explanation as to why she refused to certify it (even though I asked), just had a big attitude. -_-

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I'd like to clarify for anyone who may be a bit confused on what I'm asking. When reading the instructions for I-485, it states:

You must file you application with the following evidence:

1. Criminal history

A. If you have ever been arrested or detained by any law enforcement officer for any reason, and no charges were filed, submit:

An original official statement by thee arresting agency or applicable court order confirming that no charges were filed.

B. If you have ever been arrested or detained by any law enforcement officer for any reason, and charges were filed, or if charges were filed against you without an arrest, submit:

An original or court-certified copy of the complete arrest record and/or disposition for each incident (e.g., dismissal order, conviction record, or acquittal order).

C. If you have ever been convicted or placed in an alternative sentencing program or rehabilitative program (such as a drug treatment or community service program), submit:

1. An original or court-certified copy of the sentencing record for each incident; and

2. Evidence that you completed your sentence, specifically:

a. An original or certified copy of your probation or parole record; or

b. Evidence that you completed an alternative sentencing program or rehabilitative program.

D. If you have ever had any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from your record, submit:

1. An original or court-certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise removing the arrest or conviction; or

2 An original statement from the court that no record exists of your arrest or conviction

So, to clarify:

Can my husband's original Notice to Appear be used as an arrest record because it is an original, and some places/agencies consider it akin to an arrest?

Can my husband's certified court copy of no arrest record be used to show there are no records, or there was no conviction? He PAID a fine, and never had it expunged, but there's obviously nothing there.

In other words, is this enough evidence to NOT get an RFE? Has anyone had trouble getting a certified court disposition copy?

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I'd like to clarify for anyone who may be a bit confused on what I'm asking. When reading the instructions for I-485, it states:

You must file you application with the following evidence:

1. Criminal history

A. If you have ever been arrested or detained by any law enforcement officer for any reason, and no charges were filed, submit:

An original official statement by thee arresting agency or applicable court order confirming that no charges were filed.

B. If you have ever been arrested or detained by any law enforcement officer for any reason, and charges were filed, or if charges were filed against you without an arrest, submit:

An original or court-certified copy of the complete arrest record and/or disposition for each incident (e.g., dismissal order, conviction record, or acquittal order).

C. If you have ever been convicted or placed in an alternative sentencing program or rehabilitative program (such as a drug treatment or community service program), submit:

1. An original or court-certified copy of the sentencing record for each incident; and

2. Evidence that you completed your sentence, specifically:

a. An original or certified copy of your probation or parole record; or

b. Evidence that you completed an alternative sentencing program or rehabilitative program.

D. If you have ever had any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from your record, submit:

1. An original or court-certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise removing the arrest or conviction; or

2 An original statement from the court that no record exists of your arrest or conviction

So, to clarify:

Can my husband's original Notice to Appear be used as an arrest record because it is an original, and some places/agencies consider it akin to an arrest?

Can my husband's certified court copy of no arrest record be used to show there are no records, or there was no conviction? He PAID a fine, and never had it expunged, but there's obviously nothing there.

In other words, is this enough evidence to NOT get an RFE? Has anyone had trouble getting a certified court disposition copy?

You will need to consult a lawyer for this, no one here will be able to tell you for sure about this situation I don't think.

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You will need to consult a lawyer for this, no one here will be able to tell you for sure about this situation I don't think.

Thanks for replying! Yeah, I kind of figured, but I don't really have money for a lawyer. I suppose I will march back up to that court and just bring the papers, or ask to speak to a supervisor. I mean, obviously it's not illegal to get a statement saying there are no records of the outcome...

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Thanks for replying! Yeah, I kind of figured, but I don't really have money for a lawyer. I suppose I will march back up to that court and just bring the papers, or ask to speak to a supervisor. I mean, obviously it's not illegal to get a statement saying there are no records of the outcome...

There are a lot of free lawyers that do pro-bono if you google. It might be good just to consult, they will at the very least be able to tell you what the name of the document you are seaching for, is called. They you can ask the court for it. They deal with this stuff all the time and will know.

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There are a lot of free lawyers that do pro-bono if you google. It might be good just to consult, they will at the very least be able to tell you what the name of the document you are seaching for, is called. They you can ask the court for it. They deal with this stuff all the time and will know.

I saw people with petty theft kind of criminal charges doing with AOS.

Take all the related papers with you to interview, tell IO honestly what had happened.

They can always get whatever they they need to make the decision.


AOS (from H1-B) Timeline:

Day1 -- 09/23/2012 - 130, 485, 765 AOS package delivered to Chicago Lockbox

Day4 -- 09/26/2012 - Emails/texts acceptance confirmation in evening :-)

Day5 -- 09/27/2012 - Checks Cached

Day12-- 10/01/2012 - Received hard copies of NOAs for I-130, I-485 and I-765

Day16-- 10/12/2012 - Received Biometrics Appointment(appointment for 10/24/2012)

Day16 - 10/12/2012 - Biometrics Walk In - Refused

Day20 - 10/16/2012 - Biometrics Walk In - Successful :)

Day33 - 10/29/2012 - EAD card Production Ordered-Pleasant surprise :)

Day37 - 11/02/2012 - EAD Card received - WoW !

Day40 - 11/05/2012 - Interview letter for Dec 4 date - The BIG Day !

Day70 - 12/04/2012 - Interview done. Pray to GOD!

Day95 - 12/28/2012 - Letter for 2nd Interview in Feb

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