'96 Arrest Records Missing

S

Stolen Chalupa

Registered Users (C)
Hi, I have posted before about my now 3 year (off and on) unsuccesful quest to obtain arrest records. I will probably need a lawyer for this, but am waiting for my IL to confirm that I will have to provide arrest record and diposition to USCIS. Perhaps someone can provide more insight. In any case, I think my case is interesting...

In 96 I was arrested and booked into jail overnight. I bailed out the next day. Nothing further ever came of this. I did hire a lawyer but he didn't have to do anything. (can't find him at the moment) I was never in court, so no court record. I personally do not have any record whatsoever on this.

I obtained my unconditional green card after this. At the time I had a conditional green card. I was subseqently interviewed after this arrest to remove conditions. I had a lawyer at the time. The application was filled out honestly. I assume my lawyer included an arrest record but don't know. The disposition was merely "A letter from my lawyer stating No charges were filed because of lack of evidence", and this was accepted. These documents should be in my file and this incident should be "taken care of". OR do I need to provide new documentation? This is my question. The dispostion document does not seem to meet todays standards.

A couple of years ago, I was "jacked up" at LAX for several hours. After swiping my green card, some record showed up with no disposition. I was hassled about it, searched, and had to give a statement. My green card and passport were retained for 30 days. I had to go to an appointment to get it back. What I needed to do before the meeting was not made clear at LAX. A week before I got a phone call asking me to bring documents on the arrest. (disposition as I remember) Not enough time to get it.. but luckily I had been working on my naturilization and had a document showing a search of the applicable court had no record of me. The IO at the subsequent interview asked me "what do you have?". When I gave him the search paper, he said "is this all you have?". "I guess I will have to take it". And I was given back my gc and passport with the appropriate admitted stamp. I travelled extensively before and after this with no problems entering US. (BTW, for me swipe my gc...not good... record might show up. swipe my passport - never a problem) One other notable event. I was entering a country which shares information and was searched carefully about '94 and the arrest record was mentioned. I didn't have a passport at that time. I have subseqently entered that country many times using a passport after this.

I have tried to get my record in the following ways:
1. Contacted arresting agency - was refered to county sherriff (custodian of records) - reply: Records are only give to other enforcement agencies.
2. Called prosecuting agency. Was referred to the court.
3. Obtained "No record" search of county courts.
4. CA DOJ criminal history - NO RECORD
Interesting story here. Normally records take 3 days or so. Mine took 6 weeks. This is because (I assume) they were trying to get a disposition in those 6 weeks, couldn't get one, so under CA law: NO RECORD for that arrest. This happens to a small percentage of arrests for which the agencies involved: arresting, persecuting, court do not perform their duty to update records because of negligence, error etc. In other words, my record has been suppressed. see http://ag.ca.gov/fingerprints/pdf/suppression.pdf

5. FBI fingerprint check - in process - Quite sure there will be NO RECORD because I was fingerprinted at LAX for an instant check and IO told me nothing on FBI record.

6. FBI FOIPA check - in process - Again NO RECORD is expected. (but not so sure about this one - my NC is taking so long so they must have something somewhere)

7. NOT DONE yet: Find lawyer who handled arrest case and find laywer who did my green card to see if they have any records. (probably not - its so long ago...)

Anyway, I plan to get a lawyer at minimum to go with me to the interview and probably have them check into this situation if I am asked to produce documents.

My general question is: "If USCIS regulations say I need an arrest record and disposition for the incident I reported, but no record can be obtained after trying exensively AND the lack of record is due to the inept agencies, not by any fault of me, do I still need to produce documents that don't exist?" I am hoping once I produce state and federal criminal history record with NO RECORD, thats were it ends. It seems to me I have done enough here...

Anway any opinion?
Thanks

SC
 
Stolen Chalupa said:
My general question is: "If USCIS regulations say I need an arrest record and disposition for the incident I reported, but no record can be obtained after trying exensively AND the lack of record is due to the inept agencies, not by any fault of me, do I still need to produce documents that don't exist?" I am hoping once I produce state and federal criminal history record with NO RECORD, thats were it ends. It seems to me I have done enough here...

Anway any opinion?
Thanks

SC
Click to expand...
If you show them you have done everything possible and have provided them with state and federal "no record of arrest" letters, then I would say you have done all what you can and that's the end to it. Once you provide them with the "no records" info your case file should be updated by them to reflect this. Write a letter to them explaining what you have gone through and that you are requesting them to update their records.
 
Last edited by a moderator:
Found INS memorandum

I found a memorandum. http://www.uscis.gov/files/pressrelease/natznq2.pdf

After reading this, (assuming its still in force) I think I am ok. According to this... (although it appears IO discretion comes into play) the IO is NOT REQUIRED to ask for a disposition in my case because I don't fall under any of these categories:

BTW, the arrest was for "dangerous drug possession". (in 96)

1) All arrests/convictions during the statutory period; happened before period
2) All arrests/convictions on or after November 29, 1990 that may be aggravated felonies as
defined in section 101(a)(43) of the INA;; Dangerous Drug possesion does not fall under this category

3) All arrests/convictions for murder;N/A

4) Any arrest/conviction at any time that may be the basis for issuing a Notice to Appear,
whether or not the crime was an aggravated felony;;Outside statute of limitations
5) Any conviction(s) outside the statutory period that, in conjunction with a conviction within
the statutory period, would require INS to consider whether the applicant has reformed
from earlier crimes involving moral turpitude;;;No other arrest record
6) Any arrest/conviction outside the statutory period that, in conjunction with another
conviction, could preclude the applicant from establishing good moral character (e.g. a
Second controlled substance offense or a second crime involving moral turpitude);No convictions
7) any arrest/conviction outside or inside the statutory period where the applicant would still be on probation at the time of adjudication of the N-400 or may have served 180 days
incarceration during the statutory period; (In these cases, the officers must request evidence
of the successful completion of probation or evidence of the release from confinement
date) )N/Aand
8) only for convictions listed in 1 through 7 above, any arrest record for which a final court
disposition is already in the file but the disposition does not reflect the date that the offense
was committed or the conviction date. (Note that neither NQP3 nor NQP4 requires
applicants to submit additional disposition information for arrests when the applicant has
already submitted final court dispositions for the offenses and the dispositions contain
complete and adequate information.))N/A

I think I am ok. If I am asked to produce documents, I can refer to this and show my documented attempts and NO RECORD criminal history reports.

SC
 
Bob, Are you talking about trying to get the record off the system when I have my green card swiped? I asked the IO when I presented him with the court search, if the record could be updated so I don't run into the hassle again. He said, "No, it's right here on the screen - it can't be removed, it will come up every time". I have doubts whether he knew what he was talking about. He suggested I always bring copies of the court search doc whenever I travel. I usually do this - but have never needed to show it since.

However, what you suggest is worth a try to prevent further hassles.

BTW, I may have had a hand in burying my record. I got a CA DOJ criminal history report by checking the box that it was for VISA/IMMIGRATION citizenship. This was really for a personal record review. The box (as I understand) is to be used when the USCIS asks for it. The results are apparently automatically sent to USCIS. They may be surpised to get it when they didn't ask me to obtain it. By obtaining my record this way (checking the box), I may have forced an update of my records. I am hoping this helps my NC. It may...

SC
 
Stolen Chalupa said:
Bob, Are you talking about trying to get the record off the system when I have my green card swiped? I asked the IO when I presented him with the court search, if the record could be updated so I don't run into the hassle again. He said, "No, it's right here on the screen - it can't be removed, it will come up every time".
Click to expand...
This is not something a low level IO would know how to or could remove. You need to escalate this issue to a higher level. You may want to state your case to the USCIS ombudsman to see if they intervene on your behalf.
 
Just an update to correct some errors and assumptions I made since I have now received my individual state CA DOJ record review(in case someone else is in the same situation, I don't want to mislead with the above info)

In short. My court search document shows a search of county courts with NO RECORD. This should be enough for me document wise as far as I can tell. USCIS should have my arrest record already. Thats what fingerprints are for. If the latest state and federal history reports do not show the arrest data, they should have an old copy or I can present my copy showing arrest record with no disposition if they really want it. (but mine is not certified) The court search showing no record proves no charges filed. OR do I need something from more concrete here? (like a letter from the court identifying the arrest that says no charges filed)

This excerpt from USCIS document check list:
If you have ever been arrested or detained by any law enforcement officer for any reason, and no charges were filed, send:
An original official statement by the arresting agency or applicant court confirming that no charges were filed.
Click to expand...

1. CA DOJ State criminal history:
a. For release to hiring agencies, certification and apparently naturilization
NO RECORD
b. For my eyes, Police eyes, FBI eyes and who knows else
3 onerous substance charges with no disposition
2. FBI (my correction) not received yet but it should have the arrest record as above I expect now. (just no disposition)

I guess the question is: Is a court clerk search of county records in the county where the arrest took place sufficient to satisfy the disposition of the arrest for naturilization purposes? I am quite sure the answer is yes. pls. correct, clarify as nec.

Considering:
CHALLENGE of records. Since the arresting agency etc is such a cluster-f. I am thinking of challenging these records. I wouldn't be surprised if records such as the police incident report is basically lost. I have inside knowledge of how bad it is. hmmm. However better to leave well enough alone. A challenge could result in a disposition being made available. And in this case would result on in the arrest being shown if I applied for a job. AND all agencies in that alreadyreceived my record in the last 90 days. i.e. USCIS! I don't want that.

On the more "back to earth side", the record does have my social off by one digit. Should I have this corrected? no..

SC

P.S. Oh yeah BobSmyth... Now I do not think I will be able to have this corrected with USCIS. It depends which view is looking at it. Record is still there. USCIS has federal view so it is surely there too. Now...if USCIS system (or other system) is seperate, then maybe... but I am under impression the system at the airport would be direct link to FBI or some mirror database. Therefore the only way to get off the system at airports would be to have it corrected state or agency level. Such as a challenge to the records or more realistically: a court order. Now if you were talking about the records in my paper file, then possibly I could do something but as I remember I did include my court search doc in my n400 application already.
 
You must log in or register to reply here.
Top