Arrest but no charge

[Nnnnnn 3]

Hi all, 

 

im really stuck with a situation involving an arrest that happened to me when I was 17.

basically, I was arrested with possession with intent. However, I was not actually charged (i would also like to use this time to say I actually was in the wrong place at the wrong time and had no involvement with these drugs, they was thrown on the ground so I was arrested as a part of the police process) I work for my local police so I know I don’t have s criminal record as I was vetted to highest standard when I got my job.

i do not have a criminal record, however I did a freedom of information request and this popped up. I have applied for this to be deleted from my police check record and just waiting back. My fear is that they will not delete and this will be used as a reason for refusal. Does anyone know where I would stand with this non charge offence? There is some exceptions to ineligibility but not sure if this fits, legal advice is just going to cost too much. 

Thankyou in advance for any feedback. 

[Apple Bee 272]

I'm not an expert on this but I would think since it was an arrest that occurred when you were under the age of 18, that you should be able to have it expunged from your record. Hopefully I'm right. Good luck with everything.

[John & Rose 7,237]

Expunged or not doesn't matter.  You have to report the arrest and give the information that is required.  Your refusal would be for not disclosing the information.  The arrest won't matter as much as your honesty in reporting it.  

 

Answer "yes" to the arrest question and always be honest...

 

Here is why.  I was arrested in 1990 for a misdemeanor battery.  The charges were dropped and the arrest was expunged.  There is NO public record at the arresting department, county court or state.  It is completely off my public record.  I followed advice of an agency I paid to help me and I answered "no".  After all, the arrest was removed by the circuit court and no record of it exists at all.  We were denied during AP AFTER THE INTERVIEW because I failed to disclose information.  The arrest would not impact the petition but not disclosing it did.  Just ALWAYS be honest.  They know and they have access to the Federal Crime Database.  There may be no public records but they are NEVER removed from the Federal database.

 

If you read the directions closely (I didn't) it states to report ANY arrest even if expunged and even if someone tells you not to disclose it.  I really wish I looked closer when I originally filed.

 

All this is due to the Adam Walsh Act and the IMBRA Law.  The US Government wants to make sure that the beneficiary really knows all about the petitioner.  There are no criminal background questions on the I-130 (Spousal visa).

Edited October 24, 2018 by John & Rose

[Nnnnnn 3]

Thankyou so much for this. I’m in the UK so would be providing my ACRO report. I was assuming that if it was deleted it would not appear.

Im aware that the offence is one that is one that makes people ineligible. It’s very frustrating that this incident could ruin my chances of being with my partner and I genuinely didn’t do anything wrong.

[John & Rose 7,237]

Just now, Nnnnnn said:

Thankyou so much for this. I’m in the UK so would be providing my ACRO report. I was assuming that if it was deleted it would not appear.

Im aware that the offence is one that is one that makes people ineligible. It’s very frustrating that this incident could ruin my chances of being with my partner and I genuinely didn’t do anything wrong.

You are the beneficiary?  There are no questions about your arrests, just the petitioners.  Your arrests will show (or not) on the PCC.  The arrest information is only for the petitioner.  Sorry about the confusion.  You are fine.  The law protects the beneficiary, not the petitioner! LOL

[Nnnnnn 3]

Yes My fiancé is in US and I am in the UK. You mention the law protects the beneficiary? Is this what your lawyer told you before or have you seen this? It’s been really stressing me out and it’s getting me really down not knowing what to do even if it is deleted. The risk is very high.  We have been approved for the 129 and I now need to do my K1 visa application. I can not do it just yet though as waiting for my record to be deleted (if they will) then I can also request my ACRO police certification. 

[geowrian 22,335]

8 minutes ago, Nnnnnn said:

You mention the law protects the beneficiary? Is this what your lawyer told you before or have you seen this?

This is IMBRA requirements. IMBRA was put in place to help avoid abuse and so-called "mail order" brides. The act requires - along with other things - that past criminal activities are disclosed.

[John & Rose 7,237]

17 minutes ago, Nnnnnn said:

Yes My fiancé is in US and I am in the UK. You mention the law protects the beneficiary? Is this what your lawyer told you before or have you seen this? It’s been really stressing me out and it’s getting me really down not knowing what to do even if it is deleted. The risk is very high.  We have been approved for the 129 and I now need to do my K1 visa application. I can not do it just yet though as waiting for my record to be deleted (if they will) then I can also request my ACRO police certification. 

The law is to protect the unsuspecting beneficiary of an abusive petitioner.  You are good to go.  You will need your PCC at the interview but this should not impact the petition.  The spousal visa doesn't fall under Adam Walsh or IMBRA so there are no petitioner criminal questions on that at all.  Just be honest and you will be fine.

 

I was the petitioner and that is why we were denied.  

Edited October 24, 2018 by John & Rose

[kid1412 62]

The beneficiary doesn’t need to disclose? Wouldn’t that cause the Consulate to deny the visa? Just asking

[payxibka 10,044]

4 minutes ago, kid1412 said:

The beneficiary doesn’t need to disclose? Wouldn’t that cause the Consulate to deny the visa? Just asking

DS 160 has a very similar question that needs to be answered truthfully 

[geowrian 22,335]

16 minutes ago, John & Rose said:

The spousal visa doesn't fall under Adam Walsh or IMBRA so there are no petitioner criminal questions on that at all.  Just be honest and you will be fine.

AWA still applies to a spousal visa.

 

9 minutes ago, kid1412 said:

The beneficiary doesn’t need to disclose? Wouldn’t that cause the Consulate to deny the visa? Just asking

DS-160 + PCCs + other background checks they do should cover this.

[kid1412 62]

3 minutes ago, payxibka said:

DS 160 has a very similar question that needs to be answered truthfully 

That’s what I thought. It should be “yes” to if you were ever arrested and “no” to if you were ever convicted and OP can explain from there, it was a mix-up, wrong place wrong time, I was arrested and later released no charge whatsoever blah blah blah

[Nnnnnn 3]

5 minutes ago, kid1412 said:

That’s what I thought. It should be “yes” to if you were ever arrested and “no” to if you were ever convicted and OP can explain from there, it was a mix-up, wrong place wrong time, I was arrested and later released no charge whatsoever blah blah blah

The ds160 just says have you been arrested and I think there was another for drugs. The problem is I wasn’t actually charged with a drug offence but it does appear. It’s all very confusing. 

So even if I was Able to get my record removed, I would still need to answer yes and go into explain wrong place wrong time record deleted? 

[payxibka 10,044]

7 minutes ago, kid1412 said:

That’s what I thought. It should be “yes” to if you were ever arrested and “no” to if you were ever convicted and OP can explain from there, it was a mix-up, wrong place wrong time, I was arrested and later released no charge whatsoever blah blah blah

The question on the ds160 is have you ever been arrested for any offense eventhough subject to amnesty,  pardon or other similar action. 

 

One would think expungement would qualify under other similar action.   Slippery slippery slope to not disclose as discovery of a failure to disclose guarantees refusal 

[Nnnnnn 3]

Just now, payxibka said:

The question on the ds160 is have you ever been arrested for any offense eventhough subject to amnesty,  pardon or other similar action. 

 

One would think expungement would qualify under other similar action.   Slippery slippery slope to not disclose as discovery of a failure to disclose guarantees refusal 

There is another for drugs right? I haven’t ever taken drugs or anything like that, my concern of answering no would for them to argue the arrest by equally I’m not going to say yes to something I didn’t do.

almost thinking it would better to me to apply, state yes to arrest, explain situation and in process of asking local police to remove this record. 

What I don’t want is to do the wrong thing and get refused, but equally I have seen that drug offenses is a massive no entry. 

I was sort of under the impression of it did not appear on my police certificate then it wouldn’t need to be disclosed. I really am not sure and that is why I posted as I don’t want to put in jeopardy my approval.