K1 and criminal record that was expunge missing

[Mike2019 0]

Hi all,

I have a criminal record from 5 years ago that was expunge. I was arrested for two aggravate battery (domestic violence). My ex made them up but they were drop soon. In any case, I was arrested.

 

As these records were expunge, I do not have them. What should I do?

Should I ask my ex to write a letter stating what happened?  I do not have any document from the arrest.

Thanks!

Edited December 4, 2019 by Mike2019
Forgot to specify K1

[Boiler 45,670]

Maybe ask in the regional forum how things are done in Cuba, no way you can get anything?

[flfreddy 92]

1 hour ago, Mike2019 said:

Hi all,

I have a criminal record from 5 years ago that was expunge. I was arrested for two aggravate battery (domestic violence). My ex made them up but they were drop soon. In any case, I was arrested.

 

As these records were expunge, I do not have them. What should I do?

Should I ask my ex to write a letter stating what happened?  I do not have any document from the arrest.

Thanks!

I am assuming you are the petitioner in USA.  You need go courthouse and request all certified copies related to this matter.   You need disposition documentation.   Do a search record, even NO RESULT FOUND is a result you can get a certified copy.  Certified copy means stamped and signed by county clerk BOTH in ink.   email or pdf NOT CERTIFIED TRUE COPY.

 

Then go to police station get detained certificate ORIGINAL.   Arrest no charges filed = detained.

 

Get 3 copies of everything.   1 for filing I-129.  One to bring to interview in case they need it.  One for AOS after K1 to Green card.

[Mike2019 0]

Than you @flfreddy.

Yes, I am the petitioner in USA.

(Do a search record, even NO RESULT FOUND is a result you can get a certified copy….) So, If I don’t have any document, it will be enough the “no record fund” in a certify copy?

(Then go to police station get detained certificate ORIGINAL.   Arrest no charges filed = detained.) I already went to the police station, but as the record was expunge, there is not record there. The record they produce is clean. I even requested my FBI records and they are clean.

 Will that be enough?

Should I include a written statement of the incident by myself? Should I explain all details or only generals? I can ask my ex who was witness to write a letter too. 

Pls advise...I appreciate your help!

 

[Mike2019 0]

@Boiler: no, there is no way I can get anything... I went to police station, etc. The record was expunge. My criminal record is clean... I'm the petitioner. 

 

[Mike2019 0]

6 hours ago, flfreddy said:

I am assuming you are the petitioner in USA.  You need go courthouse and request all certified copies related to this matter.   You need disposition documentation.   Do a search record, even NO RESULT FOUND is a result you can get a certified copy.  Certified copy means stamped and signed by county clerk BOTH in ink.   email or pdf NOT CERTIFIED TRUE COPY.

 

Then go to police station get detained certificate ORIGINAL.   Arrest no charges filed = detained.

 

Get 3 copies of everything.   1 for filing I-129.  One to bring to interview in case they need it.  One for AOS after K1 to Green card.

I replied below.... I just learned about the "quote" feature...

[carmel34 3,639]

1 hour ago, Mike2019 said:

I already went to the police station, but as the record was expunge, there is not record there. The record they produce is clean. I even requested my FBI records and they are clean.

 

 Will that be enough?

You need to go to the county court where the arrest occurred, not the police station or FBI.  County courts will have a record of your previous arrest and documents to show that it went through their court and how it was eventually expunged.  Have you contacted the county court?

[Mike2019 0]

1 hour ago, carmel34 said:

You need to go to the county court where the arrest occurred, not the police station or FBI.  County courts will have a record of your previous arrest and documents to show that it went through their court and how it was eventually expunged.  Have you contacted the county court?

No yet... I was assuming that also courts will not have access to an expunge record.

If they do have the record, will the final expunge disposition be enough for the K1?

Should I add a written statement of what happened in my own words too?

 

Just curious, why they (USCIS) are asking for something they supposedly have? Or they actually do not have access to these records?

[NoMansLand2020 298]

15 hours ago, Mike2019 said:

Hi all,

I have a criminal record from 5 years ago that was expunge. I was arrested for two aggravate battery (domestic violence). My ex made them up but they were drop soon. In any case, I was arrested.

 

As these records were expunge, I do not have them. What should I do?

Should I ask my ex to write a letter stating what happened?  I do not have any document from the arrest.

Thanks!

Very simple... Go to your local courthouse or even the State Criminal Records division and ask for your records. Even if something has been dismissed, expunged, dropped or the likes, you need to get a certified record.  If its been expunged, then the certificate will probably not have anything listed on it.   However, just because its been expunged doesn't mean it doesn't exist.  The FBI and Feds can still see those records.  

[John & Rose 7,239]

13 hours ago, Mike2019 said:

@Boiler: no, there is no way I can get anything... I went to police station, etc. The record was expunge. My criminal record is clean... I'm the petitioner. 

 

You need to get a court certified letter that no information is available in your name.  They have access to the Federal Crime Database.  Nothing is expunged there.  You will need something.  Mine was expunged 30 years ago and we were denied because I failed to disclose the arrest.

 

[John & Rose 7,239]

11 hours ago, Mike2019 said:

No yet... I was assuming that also courts will not have access to an expunge record.

If they do have the record, will the final expunge disposition be enough for the K1?

Should I add a written statement of what happened in my own words too?

 

Just curious, why they (USCIS) are asking for something they supposedly have? Or they actually do not have access to these records?

They do it to protect the beneficiary.  It is one way they can try to see if the petitioner is being honest.  It is required by AWA.  Of course they have access to it.  They want to make sure that your fiancee knows about it.  That is why those questions aren't even on the spousal visa petition.  That is only to protect the beneficiary.

 

[Mike2019 0]

8 hours ago, John & Rose said:

They do it to protect the beneficiary.  It is one way they can try to see if the petitioner is being honest.  It is required by AWA.  Of course they have access to it.  They want to make sure that your fiancee knows about it.  That is why those questions aren't even on the spousal visa petition.  That is only to protect the beneficiary.

 

If they have access, what is the reason they ask for? To be sure that you are honest? To play with you?

I know every one reads and repeats the same… You have to disclosure, etc but I do not think they always have it...

In any case, one is supposed to be honest... 

 

[John & Rose 7,239]

14 minutes ago, Mike2019 said:

If they have access, what is the reason they ask for? To be sure that you are honest? To play with you?

 

I know every one reads and repeats the same… You have to disclosure, etc but I do not think they always have it...

 

In any case, one is supposed to be honest... 

 

 

It is to make sure the beneficiary knows. It is to protect them. You have no idea how many people file who aren’t eligible. There was one last year. He wasn’t allowed in the Philippines and he met a Filipino. He told her he had visa problems so after a quick 2 month relationship they decide to get married on Hong Kong. He files the CR which is quickly denied. She asks why and he said he may have had some legal issues many years ago but they are all clear now. Turns out in 2006 he was arrested for raping a 2 year old girl and then in 2009 he was arrested for raping a 6 year old boy. He was not eligible to even file but he never told his wife. She has young children that were going to follow. It isn’t about the petitioner. It is about the beneficiary. If he filed K-1 she would have known and not married him. This was not the worst story I’ve seen either. 
 

The petitioner is not always honest with the beneficiary. This is one way to help them. 

[geowrian 22,337]

2 hours ago, Mike2019 said:

If they have access, what is the reason they ask for? To be sure that you are honest? To play with you?

 

I know every one reads and repeats the same… You have to disclosure, etc but I do not think they always have it...

 

In any case, one is supposed to be honest...

3 main reasons:

1) It's possible they don't see it for some reason. Computer records are not always 100% accurate, especially for older cases.

2) They may need details, which may or may not appear in their system.

3) The beneficiary must be aware. A criminal background check's result is not something they can just release - they require explicit, voluntary disclosure.

[J+J 49]

Just my experience - I also had a misdemeanor from 7 years ago, had the records sealed.

I went to the court house and they couldn't provide me any records, because "I have no record".  

I didn't put up much of a fight since I'm only at the petition stage, but maybe a court letter saying no records exist is what to do for our situation.