confusing RFE wording

[SSNT9777 10]

"You indicated that you have been arrested or convicted. Therefore, please submit certified copies of court records indicating the charge and final disposition etc etc...

 

If dispositions are unavailable, you must obtain a certified letter from the court stating that there is no record."

 

This part seems simple enough, except for the fact that I never indicated that I had been arrested or convicted - I received a ticket for underage drinking in 2002, and I mentioned quite clearly on the app that there was no arrest - they wrote me a ticket and I walked home. I plead no contest, paid $150 in court fees and the charge was removed from my record. Getting a court letter stating there is no record should be possible, but the second part is a bit confusing:

 

"In addition to evidence establishing that court documents are not available, submit a notarized statement detailing the events that lead to the arrest, what charges were filed, punishments"

 

I assume they mean a notarized statement from myself, seeing as this information would not be available anywhere else. Correct?

 

I should be disappointed at how bad their reading skills are, of course they already put in the wrong name for my beneficiary (since corrected) so I shouldnt expect too much from them.

 

 

Edited February 27, 2018 by SSNT9777

[Enigma11561 336]

A few things. First you can very carefully give your explanation of what happened. That you were never arrested and certainly never convicted of anything. And have it notarized. Just keep it simple. However your DMV record may show the under age drinking ticket and disposition, which is where they may have gotten some wrong info. But that just goes to your explanation that it was just a ticket. Secondly, your local police station should be able to pull your ( non-existent) criminal record. If nothing shows up there I would just bundle all that and send it off.

[SSNT9777 10]

Well they specifically say at the end "Note: Police clearances will not be accepted in place of court documents", and they got it because I mentioned it on the app under the section "Have you ever been charged with any crime". There's nothing on my DMV, I've gotten numerous driver's abstracts since then. I'm wondering if the 2nd notarized statement is supposed to come from myself or some other agency.

[jkstark 97]

Once you paid your fine, there would be a disposition on the case, which appears to be sufficient...

 

14 hours ago, SSNT9777 said:

"You indicated that you have been arrested or convicted. Therefore, please submit certified copies of court records indicating the charge and final disposition etc etc...

 

If dispositions are unavailable, you must obtain a certified letter from the court stating that there is no record."

 

This part seems simple enough, except for the fact that I never indicated that I had been arrested or convicted - I received a ticket for underage drinking in 2002, and I mentioned quite clearly on the app that there was no arrest - they wrote me a ticket and I walked home. I plead no contest, paid $150 in court fees and the charge was removed from my record. Getting a court letter stating there is no record should be possible, but the second part is a bit confusing:

 

"In addition to evidence establishing that court documents are not available, submit a notarized statement detailing the events that lead to the arrest, what charges were filed, punishments"

In getting a ticket, and pleading no contest, you were in fact convicted of the offense of underage drinking, from my understanding.  In paying the fine for the ticket, you acknowledged that liability, and as a result, there should be a disposition to the case at the court.  There may be nothing directly on your record, however there will still be a disposition to the case, which the courts should be able to pull up for you assuming you have enough information available to you to allow them to do a sufficient search through their records...

 

If the sentence "If dispositions are unavailable, you must obtain a certified letter from the court stating that there is no record." and "In addition to evidence establishing..." follow each other, the second sentence would seem to indicate that a notarized statement would only be required if you are unable to obtain any records.  If you are unable to get any documents, then you would be required to get a statement from the court that there is no record available, and then write a statement about the events, and sign it in the presence of a notary - that is how I would read that, but as the old saying goes, "I am not a lawyer..."

[Dekd22 53]

I received and RFE as well for an underage drinking citation. I got a document from the court I paid at. This laid out the charges, resolution, and amount paid. They said stamped this for me and that is all that I sent. Our case was approved shortly after 

[SSNT9777 10]

Yeah I got a certified copy of the court docket too; also throwing in a copy of the police report and a notarized statement from myself. We'll see how it goes...