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Thread: expunged record

  1. #1
    my citizenship hearing is this week. they ask me to bring a certificate of disposition for an arrest 7 years ago. it has been expunged. the courts say they can't give me anything. what am i suposed to do. the max on the crime was 6 months.

  2. #2
    my citizenship hearing is this week. they ask me to bring a certificate of disposition for an arrest 7 years ago. it has been expunged. the courts say they can't give me anything. what am i suposed to do. the max on the crime was 6 months.

  3. #3
    I have the same problem. I got arrested, case dismissed and sealed. Went to Police Department to obtain arrest recoed as INS requires for N 400. I was told it doesn't exist in their records because it was sealed. What do I do? Anyone?

  4. #4
    If you have ever had any arrest or conviction vacated, set aside, sealed, expunged or otherwise removed from your record, send:
    An original or court-certified copy of the court order vacating, setting aside, sealing, expunging or otherwise removing the arrest or conviction, or

    NOTE: If you have been arrested or convicted of a crime, you may send any countervailing evidence or evidence in your favor concerning the circumstances of your arrest and/or conviction that you would like USCIS to consider.

  5. #5
    swissnut,
    Your answers are like Bikinis! What they show is suggestive but what they hide are vital !!

    Does that mean a court order vacating, sealing or expunging the arrest REPLACES the arrest record??? Please clarify.
    The Note is unclear. Please realize immigrants do not understand legal terminology. What does : "If you have been arrested or convicted of a crime, you may send any countervailing evidence or evidence in your favor concerning the circumstances of your arrest and/or conviction that you would like USCIS to consider" mean in simple English?

    Thank you swissnut for at least trying to help, I appreciate it!!

  6. #6
    This is an interesting tread. I would also be curious, if the record is expunged, sealed, destroyed, no longer available it should also not show up in any background check etc. Does that mean it can be left off the or not mentioned on immigration forms?
    "Being all fashioned of the self-same dust let us be merciful as well as just"
    Henry Wadsworth Longfellow

  7. #7
    You said 7 yrs ago you were arrested, when was it expunged?

    If I remember correctly it asks the past 5 yrs from when you submit the N-400.
    Did all this happen more than 5 yrs ago?

    If the court cannot give you an arrest record or certified deposition, did you have an attorney, maybe they have the records you need in their file.

    The only other way I think that might help you is ask the Court Office to give you a letter stating that the case was expunged. Make sure it is Certified by them. Probably best to get more than one certified copy too.
    -----------------------------------------------------------------------------------------------
    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

    National Domestic Violence Hotline:
    1.800.799.SAFE (7233) 1.800.787.

  8. #8
    Nice expression!

    I think that if you can get a copy (court-certiied) of the judge's order to expunge the record, or to vacate the original charge, that would suffice. As to the other recommendation, it simply means that if there is anything that you feel you would like to add, possibly an explanation of what occured and why the charges were vacated you could include that. My suggestion, however, is that you think carefully before you append any additional statement to your application, and make certain you do not complicate matters by explaining something that requires no explanation.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by bouree:
    swissnut,
    Your answers are like Bikinis! What they show is suggestive but what they hide are vital !!

    Does that mean a court order vacating, sealing or expunging the arrest REPLACES the arrest record??? Please clarify.
    The Note is unclear. Please realize immigrants do not understand legal terminology. What does : "If you have been arrested or convicted of a crime, you may send any countervailing evidence or evidence in your favor concerning the circumstances of your arrest and/or conviction that you would like USCIS to consider" mean in simple English?

    Thank you swissnut for at least trying to help, I appreciate it!! </div></BLOCKQUOTE>

  9. #9
    Sprint Girl and Swissnut:
    I have certified copies of the disposition and the sealing record. But the N 400 asks for CERTIFIED arrest report. Arrest reports are not issued by the court they are issued by the police department who declined to certify any report or anything related to the case because they said it doesn't exist anymore.

    I don't have a lawyer, otherwise I won't be posting here. I can't afford one.

    Lastly, The dispositon I heve doesn't say why the case was dismissed. It just says dismissed by DA. Help!

  10. #10
    Sorry Bouree I don't know what else to suggest.

    I was asking if you had a lawyer when you were arrested and who may have dealt with the expungement for you. If you did back then they must have kept some paperwork in their files regarding the case.

    I do know that this area of the N-400 is the hardest, many people do have problems with obtaining records. Hopefully someone may come up with another idea for you.
    -----------------------------------------------------------------------------------------------
    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

    National Domestic Violence Hotline:
    1.800.799.SAFE (7233) 1.800.787.

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