Arrest, police report and interview

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ganjik

Registered Users (C)
I had been arrested for assault DV, case dismissed. now I could not get a police report. according to state law police report is not public information for non-conviction dispositions. unless i get judge/court order I wont get it.

Now my question is this. Will interviewing officer be able to get a police report? Will he/she need a court order for this?
 
Disclaimer: Not a lawyer, this is from my experience and what my laywer told me.

The USCIS can probably get your police report. (without court order) The USCIS probably won't get your police report. They are not very good at doing that... think about it, the IO would have to start processsing your application weeks before you are interviewed. They can't get your police report overnight, it takes effort. Effort that probably won't be put forth.

They did not seem to have my police report, but it was pretty old - like 12 years.

On the other hand, if it is a recent case, especially in the last 5 years. Then it becomes very important, and they will probably check it out. Advice is wait for at least 5 years after, probably more.

All the above said... the mentioned charge would probably be looked upon more seriously than the one I had to deal with, so my experience may not hold true here. (even though u r dismissed, no charge in my case)

Good luck.
 
thanks! this is interesting info.

question - why would I wait for 5 years before applying ? If i apply now and get denied - I don't loose anything, right?

another question - how IO is going to judge about my moral character if police report just contains untruthful statements from the victim? Officer should not believe those statements since the case was dismissed, right?

I am just curious and would like to see different opinions.
 
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You were not convicted so go ahead & apply for citizenship:) just dont forget to mention it on your application, better yet & just to be safe, get a lawyer's opinion first. Good luck.:D
 
Hi,
Did you apply already?
What did you find out if you apply less than 5 years?
Thanks,


ganjik said:
thanks! this is interesting info.

question - why would I wait for 5 years before applying ? If i apply now and get denied - I don't loose anything, right?

another question - how IO is going to judge about my moral character if police report just contains untruthful statements from the victim? Officer should not believe those statements since the case was dismissed, right?

I am just curious and would like to see different opinions.
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