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
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