Need help for criminal records!

[Gary Rich 202]

disposition certificate: This is what you will need to get from the county clerk's office ( no more than $10.00 ) not an FBI Report (I did it myself.. and it was fine and simple.. and got approved )

 

 

The disposition of a criminal record is the current status or final outcome of an arrest or prosecution. Common dispositions are: Convicted: which means you have pleaded or been found guilty by a court of law. Acquitted: means you have been found not guilty by a court of law in a criminal trial.

[Mello3 34]

Unfortunately this is not enough information to make an inteligent guess and doesnt show a disposition. Even in dismissed cased it shows the disposition on the FBI report. 

 

So to be clear he was arrested, charged, held in the mental health facility and not the jail? then released from the mental health facility? The precinct/procecuter could have dropped the charges IF they deem it to be a mental health crises and not a crime but the charges do not appear to support that assumption. It appears that this is a case that has not yet been ajudicated so you/he can order the official police report to get some clarity but the courts may not have anything further at this point.

[Marshmallow-E 3]

1 minute ago, Mello3 said:

Unfortunately this is not enough information to make an inteligent guess and doesnt show a disposition. Even in dismissed cased it shows the disposition on the FBI report. 

 

So to be clear he was arrested, charged, held in the mental health facility and not the jail? then released from the mental health facility? The precinct/procecuter could have dropped the charges IF they deem it to be a mental health crises and not a crime but the charges do not appear to support that assumption. It appears that this is a case that has not yet been ajudicated so you/he can order the official police report to get some clarity but the courts may not have anything further at this point.

 

I see, thanks so much for your explanation! I believe he was arrested, charged, and held in jail, not a mental health facility. It does look like a mental health crisis and we don't know why he didn't get much medical assistance. I agree with you that this looks like a pending case and we probably will only know better after we get the police records. 

[RandyW 149]

4 minutes ago, Marshmallow-e said:

 

I see, thanks so much for your explanation! I believe he was arrested, charged, and held in jail, not a mental health facility. It does look like a mental health crisis and we don't know why he didn't get much medical assistance. I agree with you that this looks like a pending case and we probably will only know better after we get the police records. 

Reconsider, though, if maybe it WAS a mental health facility that he was held in. That seems to better fit the circumstances. Check with a lawyer to see what that would mean, but my guess is that it would mean that he wasn't arrested and there is no pending case.

 

I'm simply saying that might better fit what you have described - use your own judgment there.

[Marshmallow-E 3]

9 minutes ago, RandyW said:

Reconsider, though, if maybe it WAS a mental health facility that he was held in. That seems to better fit the circumstances. Check with a lawyer to see what that would mean, but my guess is that it would mean that he wasn't arrested and there is no pending case.

 

I'm simply saying that might better fit what you have described - use your own judgment there.

 

Hi, thanks for your opinion. I am totally confused now to be honest. I barely know anything about the legal stuff as you see. I will get those records done first. 

[Marshmallow-E 3]

39 minutes ago, Gary Rich said:

disposition certificate: This is what you will need to get from the county clerk's office ( no more than $10.00 ) not an FBI Report (I did it myself.. and it was fine and simple.. and got approved )

 

 

The disposition of a criminal record is the current status or final outcome of an arrest or prosecution. Common dispositions are: Convicted: which means you have pleaded or been found guilty by a court of law. Acquitted: means you have been found not guilty by a court of law in a criminal trial.

 

Hi, I don't know if we will get this disposition certificate yet if this is a pending case. We will see what we can get first.

 

Sorry that this matter causes so many confusions. I shouldn't have posted so much without knowing further information probably. Sincere apology to everyone who has helped us here. 

[W199 264]

3 hours ago, Mello3 said:

The mental health records I do not believe are releasable under HIPPA rules regarding medical records. 

HIPPA rules apply to health insurance companies and medical providers to protect your own privacy.   Court record privacy rules are different.  In anycase, you can usaully get a copy of your own records. 

[W199 264]

1 hour ago, Gary Rich said:

disposition certificate: This is what you will need to get from the county clerk's office ( no more than $10.00 ) not an FBI Report (I did it myself.. and it was fine and simple.. and got approved )

 

 

The disposition of a criminal record is the current status or final outcome of an arrest or prosecution. Common dispositions are: Convicted: which means you have pleaded or been found guilty by a court of law. Acquitted: means you have been found not guilty by a court of law in a criminal trial.

 

The purpose of the FBI record was to see what is lurking or "forgotten" in his criminal record and to partially see what USCIS will see so that she can get a step ahead of the expected RFEs to come.

 

Sure enough, the RFE is on the way and they are going to be asking for the court and police records for the arrest.   And right, they really just need the court record with the disposition.

 

The problem with this case is we don't know if it was disposed of. There is conflicting info. On one hand the parents said he was just on hold and they decided not to charge him.  If that is case, then correct, he needs to get an original/certified document stating that he charges were dropped.   All is good .. no problem. 

 

On the other hand, if the charges have not been dropped, and it is still under investigation and awaiting formal charges and then waiting for a  trial, then you are going to have a big problem if you can't get it disposed of within the time period in the RFE letter, I think 3-4 months. But if you can then no problem again. But it seems unlikely as the courts are usually backed up. 

 

The only solution is for him to go to the criminal court house, police, and/or prosecuter and find out if the case is disposed of, or if its still under investgation or what.

 

[Mello3 34]

56 minutes ago, W199 said:

HIPPA rules apply to health insurance companies and medical providers to protect your own privacy.   Court record privacy rules are different.  In anycase, you can usaully get a copy of your own records. 

Right exactly, I was referring to the medical records. If he had a mental health crises those records would be held within the facility and not with the court or police department. 

[RandyW 149]

On 9/12/2023 at 2:39 AM, Marshmallow-e said:

 

Hi, I don't know if we will get this disposition certificate yet if this is a pending case. We will see what we can get first.

 

Sorry that this matter causes so many confusions. I shouldn't have posted so much without knowing further information probably. Sincere apology to everyone who has helped us here. 

 

It's no problem. We're here to help. It's up to you to sort everything out. It seems to me that you've got a LOT to be thinking about.

[Marshmallow-E 3]

Hi, I want to make an update about our application and hopefully, it can help other people in the future as well. 

 

We received the RFE letter yesterday and it turns out that USCIS was asking for court and police records of an old case. The case was already dropped and that was the first time his family realized that he needed help for his mental health. My fiancé was hospitalized for a long time after this and the case was handled by his father. His parents are separated and there are a lot of miscommunications going on.  I was aware of that incident before we filed but didn’t know it was a dropped case. I completed the majority of the application form and the application was submitted under miscommunication. Anyway, we have the court records now and the police records are still on the way. I wonder if we only need to submit the records or also correct the form since we selected “no”.

 

About the drug case, I consulted with some criminal lawyers (honestly we can’t afford one) and they responded that currently there is no charge under his name. But it doesn’t mean he will not be charged in the future. As for when it will happen, nobody knows. Besides, I am still waiting for responses from some immigration lawyers, just trying to get some help and ideas from them if possible. 

 

There is a lot of uncertainty and I am not sure what is the best option in this situation. But we probably will reply to USCIS for whatever they want and also disclose this new arrest record. I believe we can manage to get a certified court record stating “no records found” for now and submit it alongside the package. We are also working on getting a passport for my fiancé and if things go wrong, we can get married in my country and file a CR-1 visa. I also want to know, if there is a pending criminal case, will the CR-1 visa get denied as well? 

 

I am sorry that it’s a long post and I very much appreciate your time reading and responding if you’d like. Below is the RFE letter for your information. Thanks!

[W199 264]

6 hours ago, Marshmallow-e said:

Hi, I want to make an update about our application and hopefully, it can help other people in the future as well. 

 

We received the RFE letter yesterday and it turns out that USCIS was asking for court and police records of an old case. The case was already dropped and that was the first time his family realized that he needed help for his mental health. My fiancé was hospitalized for a long time after this and the case was handled by his father. His parents are separated and there are a lot of miscommunications going on.  I was aware of that incident before we filed but didn’t know it was a dropped case. I completed the majority of the application form and the application was submitted under miscommunication. Anyway, we have the court records now and the police records are still on the way. I wonder if we only need to submit the records or also correct the form since we selected “no”.

 

About the drug case, I consulted with some criminal lawyers (honestly we can’t afford one) and they responded that currently there is no charge under his name. But it doesn’t mean he will not be charged in the future. As for when it will happen, nobody knows. Besides, I am still waiting for responses from some immigration lawyers, just trying to get some help and ideas from them if possible. 

 

There is a lot of uncertainty and I am not sure what is the best option in this situation. But we probably will reply to USCIS for whatever they want and also disclose this new arrest record. I believe we can manage to get a certified court record stating “no records found” for now and submit it alongside the package. We are also working on getting a passport for my fiancé and if things go wrong, we can get married in my country and file a CR-1 visa. I also want to know, if there is a pending criminal case, will the CR-1 visa get denied as well? 

 

I am sorry that it’s a long post and I very much appreciate your time reading and responding if you’d like. Below is the RFE letter for your information. Thanks!

A protection order is not really a criminal charge, although it can be associate with a criminal or civil case

 

A protection order is often a restraining order, which orders a person to stay away and do not make any contract with the person requesting the order. Usually they are abusing or harassing someone and the victim requests the court to order a restraining order to  keep them away.

 

They probably just need  a copy of the protection order from the court, since there is no arrest record to go with it.

 

Typically you should only send them what they ask for, so you don't need to send a corrected I-129F. 

 

For the new drug charge,  I don't think a court "no records found" would be adequate. Seems like you need a police report saying there were no charges filed.  You really need some paperwork to show there is no pending case and no charges were filed, otherwise I don't think its a good idea to volunteer this new arrest to them.  But it does seem like a good idea to provide it if you can provide the paperwork to also prove no charges are filed since it is now on his FBI report. You did nothing wrong as there is no rule that I know of that requires you to update them, but they may ask you at the embassy if he has any criminal convictions, or even ask about the arrest, so you should be prepared to show no charges were filed for the embassy interview.

 

Disclaimer, this is NOT legal advice. For this issue, you need to consult a couple of very experienced lawyers on this. Be careful, many immigration lawyers will provide you with incorrect info.

 

[Marshmallow-E 3]

19 minutes ago, W199 said:

A protection order is not really a criminal charge, although it can be associate with a criminal or civil case

 

A protection order is often a restraining order, which orders a person to stay away and do not make any contract with the person requesting the order. Usually they are abusing or harassing someone and the victim requests the court to order a restraining order to  keep them away.

 

They probably just need  a copy of the protection order from the court, since there is no arrest record to go with it.

 

Typically you should only send them what they ask for, so you don't need to send a corrected I-129F. 

 

For the new drug charge,  I don't think a court "no records found" would be adequate. Seems like you need a police report saying there were no charges filed.  You really need some paperwork to show there is no pending case and no charges were filed, otherwise I don't think its a good idea to volunteer this new arrest to them.  But it does seem like a good idea to provide it if you can provide the paperwork to also prove no charges are filed since it is now on his FBI report. You did nothing wrong as there is no rule that I know of that requires you to update them, but they may ask you at the embassy if he has any criminal convictions, or even ask about the arrest, so you should be prepared to show no charges were filed for the embassy interview.

 

Disclaimer, this is NOT legal advice. For this issue, you need to consult a couple of very experienced lawyers on this. Be careful, many immigration lawyers will provide you with incorrect info.

 

 

Hi W199, thanks for your reply! 

 

The protection order related court records indicate that my fiancé was charged with domestic assault-misdemeanor, its disposition is "dismissed". The protection order is also canceled. I am not sure if there are arrest records attached to it since police records have not been delivered yet and my fiancé doesn't have much memory of this either. My fiancé managed to get a file stating the protection order is canceled but it seems not to be certified. We will try to get a certified version of this paper next week. I plan to submit the court records, police records, and cancelation paper for this. I also wonder will explanation letters help for this, for example, explaining that the petitioner was mentally ill, the beneficiary is aware, and the protected person (actually his mom) is no longer in danger. Am I just making things more complicated here? 

 

For the new drug charge, I will see what we can get. If there isn't much strong evidence, I probably will choose not to disclose. 

 

I also want to ask, if somehow, he gets charged in the future for drug possession and the case is still pending during a CR-1 processing, will we get denied for this?

 

Finally, I want to say that we are aware that all the advice we get from this website is not legal advice and we are the ones responsible for all the decisions. I am very grateful for your continuous help!

 

 

[W199 264]

On 9/16/2023 at 8:58 PM, Marshmallow-e said:

 

Hi W199, thanks for your reply! 

 

The protection order related court records indicate that my fiancé was charged with domestic assault-misdemeanor, its disposition is "dismissed". The protection order is also canceled. I am not sure if there are arrest records attached to it since police records have not been delivered yet and my fiancé doesn't have much memory of this either. My fiancé managed to get a file stating the protection order is canceled but it seems not to be certified. We will try to get a certified version of this paper next week. I plan to submit the court records, police records, and cancelation paper for this. I also wonder will explanation letters help for this, for example, explaining that the petitioner was mentally ill, the beneficiary is aware, and the protected person (actually his mom) is no longer in danger. Am I just making things more complicated here? 

 

For the new drug charge, I will see what we can get. If there isn't much strong evidence, I probably will choose not to disclose. 

 

I also want to ask, if somehow, he gets charged in the future for drug possession and the case is still pending during a CR-1 processing, will we get denied for this?

 

Finally, I want to say that we are aware that all the advice we get from this website is not legal advice and we are the ones responsible for all the decisions. I am very grateful for your continuous help!

 

 

Hi

 

As explained above, all USCIS needs to see if that the protective order, and other related charges indicated on the police report were disposed of, and that it did not involve children. You are overthinking it, to be polite, writing a letter saying he is/was mentally ill and was assaulting his mother really doesn't seem like a good idea. The fact that you are aware of it and know the details is important but that is handled at the embassy interview. They will ask you if you are aware of it and will ask you to show them a copy of the paperwork

 

For the new drug charge, that does not disqualify him, so if you can get documentation to prove that issue is disposed of,  my guess is that you'd be preventing a future issue or delay by enclosing that too and stating this happened after you did the I-129F. Though, probably you'd be making a new delay as they would need to pull his FBI record again.  But again, that's my guess, and you'd be advised to get real legal advice and consult an attorney with experience dealing in this rare specific sequence of events,