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Criminal records - Need state criminal history?

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Filed: K-1 Visa Country: Philippines
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I'm about to submit my I-129F packet but wanted to make sure I had everything I needed for the criminal history. 

 

I have two misdemeanors on my record from 16 years ago. They occurred in different states in the US. Because I got one expunged, the courts have no record of it. But I obtained a certified criminal history check from the state showing no records exist. Hence, why the court cannot provide anything. 

 

The other state provided certified court records. Do I also need a certified record from this state showing all records. In other words a state criminal history check? 

 

The reason I ask is it could take up to six weeks to provide a criminal history check as stated by their department. I'd like to get this packet submitted as soon as possible. 

Edited by Solaris81
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Filed: K-1 Visa Country: Philippines
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14 minutes ago, Solaris81 said:

Do I also need a certified record from this state showing all records.

No, that’s not required. I had a misdemeanor from 26 years ago and didn’t include the certified court records. So I got an RFE for them. But was never required to send anything showing all records 

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37 minutes ago, Solaris81 said:

I'm about to submit my I-129F packet but wanted to make sure I had everything I needed for the criminal history. 

 

I have two misdemeanors on my record from 16 years ago. They occurred in different states in the US. Because I got one expunged, the courts have no record of it. But I obtained a certified criminal history check from the state showing no records exist. Hence, why the court cannot provide anything. 

 

The other state provided certified court records. Do I also need a certified record from this state showing all records. In other words a state criminal history check? 

 

The reason I ask is it could take up to six weeks to provide a criminal history check as stated by their department. I'd like to get this packet submitted as soon as possible. 

I'm going to tag some one who has a lot of experience in this area and give you exactly what they discovered about this situation.  @John & Rose Thanks John.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Filed: Citizen (apr) Country: Taiwan
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48 minutes ago, Solaris81 said:

I'm about to submit my I-129F packet but wanted to make sure I had everything I needed for the criminal history. 

 

I have two misdemeanors on my record from 16 years ago. They occurred in different states in the US. Because I got one expunged, the courts have no record of it. But I obtained a certified criminal history check from the state showing no records exist. Hence, why the court cannot provide anything. 

 

The other state provided certified court records. Do I also need a certified record from this state showing all records. In other words a state criminal history check? 

 

The reason I ask is it could take up to six weeks to provide a criminal history check as stated by their department. I'd like to get this packet submitted as soon as possible. 

I don't there will be any benefit to providing a state criminal history check.  Make sure you report all misdemeanors, etc...and provide an explanation or all records....whether expunged or not......failure to do so could result in an outright denial......as has happened.....good luck.

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Filed: K-1 Visa Country: Philippines
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13 minutes ago, missileman said:

I don't there will be any benefit to providing a state criminal history check.  Make sure you report all misdemeanors, etc...and provide an explanation or all records....whether expunged or not......failure to do so could result in an outright denial......as has happened.....good luck.

Thanks. The only reason I provided the state record was because the court(s) have no record and as there are many courts, I had no idea which one processed me those many years ago. 

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I recommend going directly to the courts that heard the cases.  In my situation the arrest (simple battery) took place in 1990.  The charges were dropped and I expunged the record.  I failed to disclose the arrest on the petition and we were denied the K-1.  Had I gone to the courthouse and gotten a letter from them stating that no records can be found we would have been approved.

 

I recommend disclosing everything and on the expunged arrest I would get proof that the court has no record.  I also don't believe that running a state record on yourself is worth it.  Here is the text from the "catch-all" question...

 

Item Number 4.a.  Criminal Information.  Indicate whether you have ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, for any offenses other than those you have already outlined in the previous section.  Unless a traffic incident was alcohol- or drug-related or involved a fine of $500 or more, you do not need to provide information on it.

 

Follow that very closely and you will be fine.

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

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Filed: K-1 Visa Country: Philippines
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4 minutes ago, John & Rose said:

I recommend going directly to the courts that heard the cases.  In my situation the arrest (simple battery) took place in 1990.  The charges were dropped and I expunged the record.  I failed to disclose the arrest on the petition and we were denied the K-1.  Had I gone to the courthouse and gotten a letter from them stating that no records can be found we would have been approved.

 

I recommend disclosing everything and on the expunged arrest I would get proof that the court has no record.  I also don't believe that running a state record on yourself is worth it.  Here is the text from the "catch-all" question...

 

Item Number 4.a.  Criminal Information.  Indicate whether you have ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, for any offenses other than those you have already outlined in the previous section.  Unless a traffic incident was alcohol- or drug-related or involved a fine of $500 or more, you do not need to provide information on it.

 

Follow that very closely and you will be fine.

The problem is there are a dozen courts here... I have no clue which one it was. When I called them individually, they said it would be twenty dollars to run a check.. And provide a certificate that says I'm clear. But since it's been expunged, nothing would show up anyhow. That's why I provided a state check. Then I'm not having to provide dozens of courts checks when I have no idea who processed it. 

 

I did provide information on the arrest., dispositions and what not on the i129f. But like I said, they won't pull anything when they run a check.

 

 

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6 minutes ago, Solaris81 said:

The problem is there are a dozen courts here... I have no clue which one it was. When I called them individually, they said it would be twenty dollars to run a check.. And provide a certificate that says I'm clear. But since it's been expunged, nothing would show up anyhow. That's why I provided a state check. Then I'm not having to provide dozens of courts checks when I have no idea who processed it. 

 

I did provide information on the arrest., dispositions and what not on the i129f. But like I said, they won't pull anything when they run a check.

 

 

You don't remember where your court date was held?  I remember all my courthouses!  LOL  Depending on the arrest you may want to start getting stuff together because there is a good chance they may issue an RFE for the information.  In my experience, if the arrest was not violence related (DV, battery, assault, etc...) they may not be very concerned.  If it was violent in nature they will require additional court documents.  If you contact the arresting police department they can tell you which county courthouse heard your case.  This is what you will get if they need additional info for Iem 4.a.

 

 

79926543_10158049041345407_5266715264606535680_n.jpg

Edited by John & Rose

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

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Just now, John & Rose said:

You don't remember where your court date was held?  I remember all my courthouses!  LOL  Depending on the arrest you may want to start getting stuff together because there is a good chance they may issue an RFE for the information.  In my experience, if the arrest was not violence related (DV, battery, assault, etc...) they may not be very concerned.  If it was violent in nature they will require additional court documents.  If you contact the arresting police department they can tell you which county courthouse heard your case.

I remember approximately when it happened. But there are like 6 district courts and 6 civil courts. It was sixteen years ago.. I was a young adult. I finished University and have been employed by the DoD since. I didn't want to remember all that stuff... I wasn't proud of it. 

 

I called several districts. They said if it was expunged, they wouldn't be able to provide anything. 

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4 minutes ago, Solaris81 said:

I remember approximately when it happened. But there are like 6 district courts and 6 civil courts. It was sixteen years ago.. I was a young adult. I finished University and have been employed by the DoD since. I didn't want to remember all that stuff... I wasn't proud of it. 

 

I called several districts. They said if it was expunged, they wouldn't be able to provide anything. 

I hear ya.  The downside of expungement is that the court wont have records but you have to prove that.  They will give you a letter stating that no record was found.  That is about as good as it gets.

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

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Filed: K-1 Visa Country: Philippines
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1 minute ago, John & Rose said:

I hear ya.  The downside of expungement is that the court wont have records but you have to prove that.  They will give you a letter stating that no record was found.  That is about as good as it gets.

Exactly why I provided a Certified Letter from the State showing no records existed. 

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Filed: K-1 Visa Country: United Kingdom
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Is there any update on this? Did you get approved? I got an RFE for missing court docs (from an underage drinking ticket I got like 11 years ago) and all I got back was a certified letter from the court stating there is no record of it. Wondering/hoping that will be enough. 

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Filed: K-1 Visa Country: United Kingdom
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On 12/20/2019 at 2:05 PM, John & Rose said:

I recommend going directly to the courts that heard the cases.  In my situation the arrest (simple battery) took place in 1990.  The charges were dropped and I expunged the record.  I failed to disclose the arrest on the petition and we were denied the K-1.  Had I gone to the courthouse and gotten a letter from them stating that no records can be found we would have been approved.

 

I recommend disclosing everything and on the expunged arrest I would get proof that the court has no record.  I also don't believe that running a state record on yourself is worth it.  Here is the text from the "catch-all" question...

 

Item Number 4.a.  Criminal Information.  Indicate whether you have ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, for any offenses other than those you have already outlined in the previous section.  Unless a traffic incident was alcohol- or drug-related or involved a fine of $500 or more, you do not need to provide information on it.

 

Follow that very closely and you will be fine.

Hi!  You see pretty knowledgeable on this topic so I would like to ask your opinion on my case. I got an RFE for missing court documents for three tickets I had received and disclosed on my i129, one was a littering ticket (which I was able to get the court certified record that it was disposed since it was from 2 years ago), one was an open container ticket from 9 years ago I called every court I could possibly think of and the best I could get was a certified letter from the court saying that there was no record of it and one was an underage drinking ticket from 11 years ago and again, all I could get was a court certified letter saying there was no record of it. 
 

Along with the letters I also sent my original letters to the courts, the receipts on court letterhead that I paid for the record search as well as the envelopes that the letters were mailed back to me in with the court stamped addresses on them. 
 

In your opinion, do you think this will be enough for approval? The offenses are so minor but I’m still worried. 

 

Thanks!

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The letter from the court showing no records should be an adequate response for the RFE. That has been successful in the past and your tickets should not have an impact on the petition at all. 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

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Filed: K-1 Visa Country: Philippines
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On 1/22/2020 at 7:25 AM, Sarahbmalvin said:

Is there any update on this? Did you get approved? I got an RFE for missing court docs (from an underage drinking ticket I got like 11 years ago) and all I got back was a certified letter from the court stating there is no record of it. Wondering/hoping that will be enough. 

Still awaiting approval. No RFE yet. Shouldn't be any. 

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