N400 and sealed arrest record. Is arrest report required? (merged)

[Adam7 0]

Hello everyone!

 

I am filling N400 form, and have doubts about answers to “Crimes and offenses” section.

 

I received summons in june of 2009 for failure to comply with rules of operating bicycle (pedicab). I forgot about court date, which resulted in warrant, and on november 3rd 2009 when police officer checked my id, I was arrested cause of this warrant and was brought to precinct, and then to court to see judge. Since it was evening I spent night in court jail and saw judge next morning who dismissed the case.

 

I got certificate of disposition:
It has my name, summons #, issue date, docket number,
arraignment charges PRR 1-04(r)(2) UM
Case Disposition Information 11/04/09 DISMISSED, judge name
 
Here is how I answered questions:

Have you EVER been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the U.S. armed forces) for any reason?
-Yes

 

Have you EVER been charged with committing, attempting to commit, or assisting in committing a crime or offense?
-Yes

 

Have you EVER been convicted of a crime or offense?
-No

 

Have you EVER been placed in an alternative sentencing or a rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)?
-No

 

Have you EVER received a suspended sentence, been placed on probation, or been paroled?
-No

 

Have you EVER been in jail or prison?
-?

 

Is this right? I am particularly hesitant about the last one, cause I was in court jail over night, but I have the feeling that in this case jail/prison has different meaning cause questions seem to increase in order of severity. Charged > Convicted > Jail. How should I reply to it?

 

Additional details:
1. When trying to remember exact date I was arrested in order to get Certificate of Disposition, I ordered Personal Public Record Review Unsuppressed, and FBI Identity History Summary reports, both came clear. Then I managed to found exact date in notes of my old phone.

 

2. I need to write explanation of what I received ticket for. I am 100% sure it was ticket I received on pedicab either in Manhattan or Central Park. To double check I tried to find charges by code (PRR 1-04(r)(2) UM), it seems to be “NYC Parks” ticket, but there is no such category. Only 1-04(r), which says “Unhygienic use of fountains, pools, and water”.

 

[Sukie 1,477]

It's confusing, as Paragraph R has no subsections.  I'm wondering if someone typed it in incorrectly when you were arrested?  I could see 1-04 (s)(2), but not R.  Good luck!

 

Sukie in NY

 

[Adam7 0]

Guys and girls

 

One more question:

Is certificate of disposition enough as evidence document?

 

Not sure i will be able to get copy of summons or arrest record from police precinct. Was calling them all day today, no luck.

[xyz12345 260]

9 hours ago, Adam7 said:

 

Have you EVER been in jail or prison?
-?

 

YES. No need to worry since your changes had been dismissed. Just explain all your 'Yes' answers. The IO will ask you those questions anyway. Your issue willbe providing the evidence for dismissal.

 

Quote

Is this right? I am particularly hesitant about the last one, cause I was in court jail over night, but I have the feeling that in this case jail/prison has different meaning cause questions seem to increase in order of severity. Charged > Convicted > Jail. How should I reply to it?

 

Additional details:
1. When trying to remember exact date I was arrested in order to get Certificate of Disposition, I ordered Personal Public Record Review Unsuppressed, and FBI Identity History Summary reports, both came clear. Then I managed to found exact date in notes of my old phone.

 

2. I need to write explanation of what I received ticket for. I am 100% sure it was ticket I received on pedicab either in Manhattan or Central Park. To double check I tried to find charges by code (PRR 1-04(r)(2) UM), it seems to be “NYC Parks” ticket, but there is no such category. Only 1-04(r), which says “Unhygienic use of fountains, pools, and water”.

 

 

52 minutes ago, Adam7 said:

Guys and girls

 

One more question:

Is certificate of disposition enough as evidence document?

 

Not sure i will be able to get copy of summons or arrest record from police precinct. Was calling them all day today, no luck.

 

read M-477, page 2

https://www.uscis.gov/sites/default/files/document/guides/M-477.pdf

 

Quote

If you have ever been arrested or detained by any law enforcement officer for any reason, and charges were filed, send:□An original or court-certified copy of the complete arrest record and disposition for each incident (dismissal order, conviction record or acquittal order).

 

 

If you have ever had any arrest or conviction vacated, set aside, sealed, expunged or otherwise removed from your record, send:

□An original or court-certified copy of the court order vacating, setting aside, sealing, expunging or otherwise removing the arrest or conviction, or an original statement from the court that no record exists of your arrest or conviction.

NOTE: If you have been arrested or convicted of a crime, you may send any countervailing evidence or evidence in your favor concerning the circumstances of your arrest and/or conviction that you would like U.S. Citizenship and Immigration Services to consider.

 

 

 

 

 

Edited September 14, 2020 by xyz12345

[Adam7 0]

3 minutes ago, xyz12345 said:

YES. No need to worry since your changes had been dismissed. Just explain all your 'Yes' answers. The IO will ask you those questions anyway. Your issue willbe providing the evidence for dismissal.

 

 

 

read M-477, page 2

https://www.uscis.gov/sites/default/files/document/guides/M-477.pdf

 

 

 

 

 

 

Thank you xyz12345! you are very helpful. Will go tomorrow to prencinct and try to obtain arrest record.

[Adam7 0]

Hello everyone.

 

When filling n400 if my arrest case was sealed do i have to / should i provide arrest report?

 

Details:

-Arrested in 2009 for improperly operating pedicab. (charges on disposition letter say "pl 240. 20 05 v", which is disorderly conduct)

-Certificate of disposition says Case Dismissed, and "Sealed pursuant to section 160.50 of the CPL".

-When i asked for police report they court give me the letter "Retention period for Criminal Court Papers is 6 years for Violation convictions and dismissals" Therefore, we are unable to honor your request for copies of the court papers for the above docker number. However, the disposition information is always available"

 

I called police department and was told that i can write notarized letter giving permission to police department to release arrest record to me (i need to do that since case is sealed) and they will give me the police report. Should i do that?

 

Instruction on N400 say:

 

Quote

If you have ever been arrested or detained by any law enforcement officer for any reason, and charges were filed, send:□An original or court-certified copy of the complete arrest record and disposition for each incident (dismissal order, conviction record or acquittal order).

AND

Quote

 

If you have ever had any arrest or conviction vacated, set aside, sealed, expunged or otherwise removed from your record, send:□An original or court-certified copy of the court order vacating, setting aside, sealing, expunging or otherwise removing the arrest or conviction, or an original statement from the court that no record exists of your arrest or conviction.

NOTE: If you have been arrested or convicted of a crime, you may send any countervailing evidence or evidence in your favor concerning the circumstances of your arrest and/or conviction that you would like U.S. Citizenship and Immigration Services to consider.

 

 

Seems like "Certificate of disposition" and court's letter "Retention period for Criminal Court Papers is 6 years for Violation convictions and dismissals" Therefore, we are unable to honor your request for copies of the court papers for the above docker number. However, the disposition information is always available" should be sufficient. But i'd like your opinion guys since you are more experienced.

[Dashinka 24,962]

I would do what you have to do to get the record and disclose everything truthfully on the N400,

 

Good Luck!

[Fr8dog 312]

Disclose, always disclose. It's much better to hear "thanks, but that is not important" than "why did you not disclose this earlier".

 

Include what you have and can get a hold of. If you get responses back that certain things are not available, include those responses.

You cannot include that what you cannot obtain. By including the responses, you show them that you tried. Hopefully serves as away for the first reviewer to not immediately issue an RFE.

[millefleur 5,047]

**Similar threads merged**

 

VJ Moderation