Do they do criminal background checks on ALL SPECIAL reigstration cases? Mohan? Anyone?

I was curious to whether they are doing background checks on ALL people during special registration process? If anyone knows and has any experience while going through registration, please share. Thankks.

I was curious to whether they are doing background checks on ALL people during special registration process? If anyone knows and has any experience while going through registration, please share. Thankks.

At special registration INS takes fingerprints also, which is for background check.
Good luck.

So if there is a hit, such as from past, they will arrest you at the spot? or do they take finger prints just for the record?

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They do check for crime/INS Law Violation/FBI/all.
If you get flag then they will detain you right on the spot.
Base of the seriousness of your crime, you will be jailed/Bond/detained without bond/deported/NTA/released on you own recognation/ removed.

I had a felony charge from several years back that got expunged, so I guess I am screwed since it will show up on their fingerprinting?

I don't know about your state, but in the State where I live felonies never get expunged. For an arrest record to be expunged, one would have to have been placed on court supervision (which is a form of unsupervised probation) upon succesful completion of which no conviction record is entered on one's behalf, and after a period of 2-5 years the defendant is allowed to expunge the arrest record. BUT, if you plead guilty or are found guilty of a felony, court supervision is not available, if they don't send you to jail they may place you on probation which means that you will have a conviction record for the rest of your life that you can never expunge.

It is 100% sure you'll get detained and eventually deported.

I got court documents few weeks back from the court house which has court house/Judge order stamped ordering charges to be expunged. However, I guess that does not make a difference since they WILL show up when INS does a check? Is that right? Sure seems like it. Oh well lets see. God is always there to help if no one else can

An expungement, or sealing, of a criminal record is a short legal process that can clear criminal convictions from a person's record. An expungement takes place when a legal action filed with the court in which the conviction occurred and a request is made to have the criminal conviction reversed, set aside or dismissed. This process applies to most misdemeanor and minor felony cases. There are alternative ways to set aside a conviction for serious felonies.

* * * Not all convictions can be expunged.


The purpose of an expungement is to clear a history of criminal charges (adult and juvenile), that might adversely affect your chances of employment or education.

MISDEMEANORS: Most expungements for misdemeanors take between 2 - 4 weeks to complete from the time the application is filed. This does not include the time needed to research all records and process the application. The more prepared you are as to the information needed (dates, charges, court location, etc.) the quicker the application can be processed. If it is necessary to search the court records for information, it may take additional time.

FELONY EXPUNGEMENTS AND FELONY REDUCTIONS TO MISDEMEANORS: Most expungements of felony convictions generally take 4-6 weeks to complete from the time the application is filed. This is called a Certificate of Rehabilitation. Some felonies that cannot be expunged can be reduced to misdemeanors, this process also takes approximately 4-6 weeks. Again, this is based upon receipt of all of the pertinent information by our office. A court search of records for information will take significantly longer.

Some states allow expungment of some felonies even when there is a probation disposition (i.e. a conviction does exist.) Yet, the general rule is just that: a misdeameanor (in some cases felonies as well) may be expunged when the defendant was

1) acquitted or released WITHOUT CONVICTION
2) given Court Supervision (that is, no conviction record was entered after the defendant accepted the deal the prosecutor offered or the Judge gave the defendant supervision)
3) in certain drug cases [under the Federal/State First-Time-Offender-Act(s)] for which a CONVICTION does exist
4) certain other CONVICTIONS as may be designated by each State specifically.

The "funny" thing with INS is, though, that they (may) want to know of ANY arrests you have had, EVEN THOUGH you may have expunged an arrest record. If you lie, you may get caught, if you do not lie you are caught for sure.

This what they say "damned if you do and damned if you don't".

Hi all, I was arrested couple years ago for domestic violence with resisting arrest, but thankful, I was not guilty by jury for felony and mesdmnr.
Do I need to expunge my arrest record? and if I do, will the police be able to see my record?
one lawayer told me once it is not necessary to expunge it since you are innocent. I hope he is right. Any thoughts? Thanks

Estelle, so when INS does a background check will the expunged record show up or not? I have heard if law enforcment does a check ALL records will show up even expunged. However, if a "private company" does a check, they will not show up on the record. Is that true? ANyone?

When INS does its checks, it might show up in the form that you have an expunged record. Sometimes they might not even know what you did but they will know that something was expunged. So, they will ask you for more info. Anyway, it seems to me it is better to be honest from the beginning. Because if you do not disclose, you may have another violation (misrepresentation or concealling). Good luck to you.