K1 and criminal record that was expunge missing

[Mike2019 0]

2 hours ago, J+J said:

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.

Aren't we supposed to send the entire packet since the very beginning (petition stage)?

We need to clarify this somehow :  "maybe a court letter saying no records exist is what to do" 

 

 

 

[Mike2019 0]

3 hours ago, J+J said:

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.

There is a difference between expunge and sealed... Are u sure yours is sealed or expunge?

[J+J 49]

Mike - yes, my records were sealed, not expunged.   So I did have the option to unseal my records, but opted not to.

I submitted a CORI report from before I sealed the records, showing that charges had been dismissed.  My attorney believed that would be sufficient for my situation and charges.

 

If you don't have any paperwork at all for these charges, you need to see if the court will give you a letter declaring that there are no records in your name, then in 129F you explain that the charges were expunged.  The court letter backs up your statement.  Keep in mind I am far from an expert and just going through the process myself.

 

I think you are right that this all does need to be handled at the petition stage so I misspoke.  

 

 

[NoMansLand2020 298]

You live in the US right?  You should be able to get a Criminal Records check from your state.  Once you receive that, if your records are sealed or expunged, there should be nothing to report. However, since you were arrested and charged you still need to put so on the i-129f.  If the state's report shows that you have prior arrests, then you would need to go to the court in which you were processed and get a report of the disposition and court proceedings.

[geowrian 22,335]

5 hours ago, Solaris81 said:

if your records are sealed or expunged, there should be nothing to report

Incorrect. From the I-129F:

Quote

These criminal information questions must be answered even if your records were sealed, cleared, or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record.

Quote

You must do so even if your records were sealed, expunged, or otherwise cleared, and regardless of whether anyone, including a judge, law enforcement officer, or attorney, informed you that you no longer have a criminal record.

 

Edited December 10, 2019 by geowrian

[NoMansLand2020 298]

8 minutes ago, geowrian said:

Incorrect. From the I-129F:

 

I believe you misunderstood my comment. If your records have been sealed/expunged, the courts won't have anything to report. They might be able to provide you with a certified letter that states just that. 

[geowrian 22,335]

3 minutes ago, Solaris81 said:

I believe you misunderstood my comment. If your records have been sealed/expunged, the courts won't have anything to report. They might be able to provide you with a certified letter that states just that. 

Gotcha. I went by the "nothing to report".

Edited December 10, 2019 by geowrian

[Britney868 184]

On 12/4/2019 at 10:29 PM, John & Rose said:

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.

 

Certified copy is a ink stamp and signature???? Omg I sent in the pdf file that was emailed to me from the county clerk office. Did I just screw up?? Assuming that I did, if I get an RFE I should just be able to go there and have them give another one and sign and stamp it on spot and send it in correct? I was arrested for a ticketI had but let go in 2 hours after paying it so nothing major.

[John & Rose 7,237]

19 minutes ago, Britney868 said:

Certified copy is a ink stamp and signature???? Omg I sent in the pdf file that was emailed to me from the county clerk office. Did I just screw up?? Assuming that I did, if I get an RFE I should just be able to go there and have them give another one and sign and stamp it on spot and send it in correct? I was arrested for a ticketI had but let go in 2 hours after paying it so nothing major.

You are fine. A copy of the stamped and signed document is a certified copy. If that is what they gave you that is what you send. If the arrest was due to a ticket that was not alcohol or drug related they don’t need any info at all. Relax. You are fine. 

[Britney868 184]

1 hour ago, John & Rose said:

You are fine. A copy of the stamped and signed document is a certified copy. If that is what they gave you that is what you send. If the arrest was due to a ticket that was not alcohol or drug related they don’t need any info at all. Relax. You are fine. 

O thank goodness! No it wasn’t alcohol or drug related. It was for no license when I was younger. I sent it anyways to be on the safe side. Thank you!

[John & Rose 7,237]

1 minute ago, Britney868 said:

O thank goodness! No it wasn’t alcohol or drug related. It was for no license when I was younger. I sent it anyways to be on the safe side. Thank you!

That one wont even cause a double take for them.  You are fine.

[Jbm7123 2]

On 12/3/2019 at 10:22 PM, 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 was in a similar situation where I had a battery charge on my record from when I was 18. Although it was expunged, I still had to provide the original copy to them. The county office will have the records available for you for a fee. I sent the certified copy with the initial K1 visa packet, and brought a photo copy to the interview. On the 129F form it states in the criminal section that you need to disclose any arrests even if they are sealed or expunged! Types of arrests that you need to disclose are listed there, and although battery wasn't listed I still disclosed it because it came with a restraining order which is listed on the form. Please don't try and hide it because they will find out. In our k1 interview the immigration officer drilled my husband on my criminal record and luckily I told him the story plenty of times so he was well prepared... The officer even asked him to tell a detailed story of the incident in his own words, probably to see if it matched up with what I submitted. So I suggest that your partner knows everything about your arrest/charge. You should write a cover letter stating exactly what happened, how your ex made it up, etc and have it followed by a certified copy and send it in with the visa packet. Also, correctly mark the questions on the form regarding your criminal record.