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Associate Member
Posted
Just a quick question, I was arrested for Grand Larceny in SC. I was arrested because I turned myself in the day after. I was processed at the local Jail and released later the same day without bail being set. I was admitted to a pre trial intervention programme . I completed the programme, completed community service and paid restitution. The charges were dismissed and my arrest record was expunged.

I am not sure how this will effect my case in getting my conditions removed? Does anyone have any advice or knowledge on this? and when filling out the form for Immigration (I 751) obviously immigration will know about my arrest so what do I send them in regards to documentation. Also do I tell them that I was involved in the Pre Trial Intervention or just that all charges were dismissed and arest expunged? Does PTI count as an alternative sentacing programme even though there was never a conviction? How likely is an interview?
 
Posts: 14 | Registered: 08-13-2007Reply With QuoteEdit or Delete MessageReport This Post
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Picture of ProudUSC
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Copied from:

http://www.uscis.gov/files/form/I-829instr.pdf

5. Criminal History.
If you have ever been arrested or detained by any lawenforcement officer for any reason, and no charges werefiled, submit:
A. An original official statement by the arresting agencyor applicable court order confirming that no chargeswere filed.
If you have ever been arrested or detained by any lawenforcement officer for any reason, and charges werefiled, or if charges were filed against you without anarrest, submit:
A. An original or court-certified copy of the completearrest record, and/or disposition for each incident (e.g.,dismissal order, conviction record or acquittal order.)
If you have ever been convicted or placed in an alternativesentencing program or rehabilitative program (such as adrug treatment or community service program), submit:
A. An original or court-certified copy of the sentencingrecord for each incident, and
B. Evidence that you completed your sentence,specifically:
1. An original or certified copy of your probation orparole record, or
2. Evidence that you completed an alternativesentencing program, or rehabilitative program.
If you have ever had any arrest or conviction vacated, setaside, sealed, expunged or otherwise removed from yourrecord, submit:
A. An original or court-certified copy of the court ordervacating, setting aside, sealing, expunging or otherwiseremoving the arrest or conviction, or
B. An original statement from the court that no recordexists of your arrest or conviction.
NOTE: Unless a traffic incident was alcohol or drugrelated, you do not need to submit documentation fortraffic fines and incidents that did not involve anactual arrest if the only penalty was a fine of less than$500.00 and or points on your drivers license.
 
Posts: 6495 | Registered: 02-07-2007Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
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Yes I have read this before and I was asking if anyone could clarify a little better since my case is not black and white.
 
Posts: 14 | Registered: 08-13-2007Reply With QuoteEdit or Delete MessageReport This Post
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rachael - from everything that I've read, you need to be completely honest when completing the I-751. You will also need to provide all supporting documentation relative to your case and the dismissal of charges against you. Since USCIS has provisions for criminal histories, it doesn't mean you will automatically be denied. Honesty is always the best policy! Lots of luck to you.
 
Posts: 6495 | Registered: 02-07-2007Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
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Thankyou I thought that would be the best option.
 
Posts: 14 | Registered: 08-13-2007Reply With QuoteEdit or Delete MessageReport This Post
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