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  • Question about Port of Entry

    I will try and make this brief, I was arrested in South Carolina for Grand larceny, went through Pre Trial intervention successfully, my case was nolle prosequi. I am getting an expungment of my arrest record and it should be done in 4 - 6 weeks. As a precaution I have gotten certified copies my records from the court showing that I am nolle prosequi and that there are no charges pending.

    I was fingerprinted at the local detention center before going before a judge for a bail hearing. I never went to court, never pleaded guilty, no contest and was never found guilty.

    It does not say anywhere in my official record from the court that I was involved in the Pre Trial Program. As a check for my own personal use (pre-applying for expungement) I also ran a check through SLED (SC Database for all arrests etc etc) and my name did not show up as even arrested?!?!?

    Question 1: I have to go back to my home country for a family event in 4 weeks how will this arrest effect me coming back into the USA if it has not been expunged yet?

    Question 2: Since it does not show up in the State's database will it even show on immigration/boarder securities?

    Question 3: for future reference how would this effect getting my conditions removed and then applying for Citizenship?

  • #2
    I will try and make this brief, I was arrested in South Carolina for Grand larceny, went through Pre Trial intervention successfully, my case was nolle prosequi. I am getting an expungment of my arrest record and it should be done in 4 - 6 weeks. As a precaution I have gotten certified copies my records from the court showing that I am nolle prosequi and that there are no charges pending.

    I was fingerprinted at the local detention center before going before a judge for a bail hearing. I never went to court, never pleaded guilty, no contest and was never found guilty.

    It does not say anywhere in my official record from the court that I was involved in the Pre Trial Program. As a check for my own personal use (pre-applying for expungement) I also ran a check through SLED (SC Database for all arrests etc etc) and my name did not show up as even arrested?!?!?

    Question 1: I have to go back to my home country for a family event in 4 weeks how will this arrest effect me coming back into the USA if it has not been expunged yet?

    Question 2: Since it does not show up in the State's database will it even show on immigration/boarder securities?

    Question 3: for future reference how would this effect getting my conditions removed and then applying for Citizenship?

    Comment


    • #3
      What's your home Country? How and where would you be re-entering?

      Although it may appear that there is no record of your arrest, you can be sure the FBI has files. Whether or not they are known upon re-entry is the question. Naturally if the DHS knows about your arrest, you will have problems.

      Comment


      • #4
        Home country is New Zealand and I will be entering back through San Fran. International airport.

        I called SLED to confirm if the information I had was correct and they said that yes it was correct and they had no record of an arrest. They are the only ones in the state of SC who report to the FBI local law enforcement does not. This is according to SLED. So if they do not have it then surely the FBI does not either?!?!

        Comment


        • #5
          @rachel: if SC doesn't have it, then probably FBI won't have it either, I assume. However, if I were you, I would feel better if I had at least a slip of paper that proves that there was a Pre Trial Program where I was involved. Good luck!
          Ability may get you to the top, but it takes character to keep you there.

          Comment


          • #6
            I will carry something that proves I was in the program.

            The thing that upsets me most about this was that I did not do anything wrong. It was a wrong place wrong time thing that at the time I thought was better to take the pre trial program than risk going to trial and having a conviction.

            Comment


            • #7
              Ok update...

              Spoke to SLED and got a really helpful lady on the telephone. The reason my record is not showing up in their files is because (she can only guess since it is not there) that the arresting agency did not send in the finger prints to them. The FBI will not accept fingerprints from any other law enforcement agency in SC except them.

              She checked the database on fingerprints and information that had been sent to the FBI and my name, ssn, birthdate was not there.

              So SLED never got my information and therfore neither did the FBI!?!?!? So if the FBI does not have it then neither does immigration?!?!

              Comment


              • #8
                @Rachel: I'm sorry, this is a really "krappy" situation...I assume if they don't have it then FBI won't have it either. I have a question, it might be a really stupid question: can one call the FBI somehow and ask about a case? Cause then you could directly called the FBI and ask...or can you order a "background check", and so they could send a letter with your whole "life history" in the US? That would be the most secure, because what could happen that a couple months later they would get the case out again, and then you might be in trouble if they have some sort of record that you were involved in that grand larceny...
                Good luck again!
                Ability may get you to the top, but it takes character to keep you there.

                Comment


                • #9
                  I was thinking the same things actually. I just looked on the FBI site and I have to go and get my fingerprints done and then send it off to them with a money order...so I am going to do that...IF they don't have it...then immigration shouldn't either? hrmm I wonder.

                  Comment


                  • #10
                    Although the news from SLED is very comforting. Still, if I were you I'd avoid traveling abroad if possible, until my GC is permanent.

                    Just my 2 cents. Good luck to you.

                    Comment


                    • #11
                      @Rachel: yes, great! Do that! I know it cost money, but it is something to be cleared of! I'm positive that if the FBI doesn't have anything whatsoever about you then immigration officers won't either! I wish you the best of luck, and let me know how things worked out for you!
                      Please take care,
                      Jeanine
                      Ability may get you to the top, but it takes character to keep you there.

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by unique:
                        Although the news from SLED is very comforting. Still, if I were you I'd avoid traveling abroad if possible, until my GC is permanent.

                        Just my 2 cents. Good luck to you. </div></BLOCKQUOTE>

                        unfortunately traveling is some what unavoidable at for me otherwise I would not go anywhere and save myself the worry about all of this!

                        Comment


                        • #13
                          @Rachel: I hope nothing tragical in your family back at home.......
                          Ability may get you to the top, but it takes character to keep you there.

                          Comment


                          • #14
                            no no nothing bad...actually really good. My baby sister is getting married and I am the Matron (I hate that word) of honor!

                            Comment


                            • #15
                              I am not sure the security checks from the FBI has anything to do with the security check by Customs & Border Patrol,since from my understanding on how the system works each agency has its own unique way of doing security checks.For example,USCIS uses the IBIS system when checking for criminal records on people trying to attain a benefit.

                              I am not sure what Customs & Border Patrol uses though.

                              Comment



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