PedroDaGr8

I am sure that would be VERY helpful to your case. Good luck!

pa3lsvt

Don't even bother with the "I was young and dumb" sob story. Just answer the questions as asked. For example, from my GE interview:

CBP: I see you were arrested in July 2003.
Me: Yes, I was.
CBP: Were you convicted of anything?
Me: No, sir.
CBP: OK, I see that the four misdemeanors were nolle prossed at trial. What about the felony?
Me: It was withdrawn at the preliminary hearing.
CBP: Oh, I don't show that at all. Can you provide paperwork showing that the felony was withdrawn?
Me: I can contact the court.
CBP: OK, good. Just fax it to this number once you have it. You can't be approved until we get that paperwork.

I faxed over the court docket an hour later, and was approved less than 5 minutes after sending the document over. It turns out that CBP can see my local police records and the local county court files but could not see the district justice records where the prelim occurred.

Notice that the CBP interviewer didn't care one bit about the specifics or whether or not I was sorry, even though the major felony was the one charge he couldn't clear during the interview? This isn't a parole hearing so just be factual and honest: "I was arrested, I went through a diversion program, and the charges were withdrawn."

For what it's worth, the NEXUS CBSA background investigator called me directly to ask about those very same charges. She tried to get me to describe what happened in more detail - actually asking me "what happened when you were arrested?", but I stuck with "arrested for <charges>, all withdrawn, no convictions, where do I fax the records?" and that was that.

billgrates3

FYI --
Mrs. G was arrested at the OAK Federal Court house a couple of times on misdemeanor trespassing (demonstrating against wars). Both times charges were dismissed.
In 2011 when she applied for GE, CBP demanded paperwork to prove the dismissal, and that was a bit of a hassle, as the arrests were several years earlier. But once she got the paperwork, she was OK and got GE approval quickly. Note: she was age 65 when applying for GE.

Often1

Not that you know that you're going to be apply for GE 30 years from now, but for all manner of different reasons, it's really important to obtain attested/certified copies of all relevant court paperwork at the time it happens.

Stuff gets lost, fires happen, laws change, and so on. But, if you have a dismissal, a charge withdrawn or whatever it may be called, you really do want the entire package (better yet, 2-3 copies) in a couple of places.

Ramacher

Update to my concern, original post here: http://www.flyertalk.com/forum/26671582-post35.html

I went in 30 minutes early for the interview. Checked in, sat down, and officer came out within 5 minutes and told me to follow him.

Went into the interview room, he asked for my conditional approval letter, passport and DL. He started punching away at the keyboard, explained a few things to me, and then asked me if I have been arrested. I told him yes, but not convicted. He stopped typing and looked up from his screen and asked for what, told him I was underage in a bar, asked when it happened, told him 2004 when I was 19 and he chuckled and went back to typing. Officer wasn't very talkative. Across the hall there was a mom and her daughter and they were chatting it like crazy with the officer.

Did fingerprints, photo and he was typing away at his computer and telling me I'll get the email either later today or tomorrow. Literally right after he finished saying that, I got the email on my phone and was approved.

Simple. Don't know why I didn't do this earlier!

evor1

Did they ask for any documentation regarding any arrests? It says this on the goes page

Special Instructions: This Enrollment Center DOES NOT accept walk-in appointments. **Please bring your Passport, Driver License, Naturalization Certificate and Lawful Permanent Resident Card as applicable. If your residence is different from what is listed on your driver’s license, please provide proof of residency. If you have ever been arrested, please bring court documents verifying the disposition of the arrest(s), regardless of the date of the arrest and the outcome.

So even if I was arrested and had the charges drop they will ask for court papers? They never even gave me any I just walked out after the judge dismissed the charges. Would rather not have to travel to the court to get a copy

aidy

I just had a look at my paperwork and it doesn't mention this on the special instructions, so maybe it's specific to people who have had trouble

JMGPhila

Being a police officer, I will fill you in. Do not listen to anybody just because they say they got through the interview without revealing the arrest.

Your FBI record (yes, it is nationally reported on top of state CH reporting) will show any charges, even if adjudicated 'Not Guilty' or 'DISMISSED'.. This is not the case if you have filed and successfully had the records expunged. After expungement, there are steps to have them removed. Even if expunged, I would still cough it up.

VERY IMPORTANT:
IT ASKS IF YOU HAVE EVER BEEN "ARRESTED"! DO NOT LEAVE ARRESTS OUT. YOU WILL BE DISMISSED AND INELIGIBLE FOR OMITTING. IT DOES NOT OR DOES NOT ONLY ASK HAVE YOU EVER BEEN CONVICTED OR PLEADED 'NO-CONTEST' TO CRIMINAL CHARGES, OR SENTENCED FOR ANY NON-TRAFFIC OR CRIMINAL CHARGES.
NON-TRAFFIC CITATIONS (i.e. DISORDERLY CONDUCT FINES/TICKETS ARE ARRESTS. DO NOT OMIT. IF YOU HAVE NOT BEEN CHARGED IN YEARS, OR THE ARREST HAPPENED WHEN YOU WERE YOUNG, YOU JUST NEED TO CONVINCE THE OFFICER THAT YOU HAVE MATURED AND YOUR NOSE IS CLEAN.

You do not need to travel for anything. What state are you in? Every state will have a Court Docket site where you can search offender information which is kept forever. You can print out the preliminary reports and the adjudication reports. For free. I can help you (not searching for you or asking your name, but I should be able to find the link for your state. Please provide state and county of arrest.

HONESTY IS THE MOST IMPORTANT. GOOD LUCK!


Moderator: Also posted in the the thread for dismissed charges for GE.

JMGPhila

Being a police officer, I will chime in and explain how Ch's work. Do not listen to anybody just because they say they got through the interview without revealing the arrest.

Your FBI record (yes, it is nationally reported on top of state CH reporting) will show any charges, even if adjudicated 'Not Guilty' or 'DISMISSED'.. This is not the case if you have filed and successfully had the records expunged. After expungement, there are steps to have them removed. Even if expunged, I would still cough it up.

VERY IMPORTANT:
IT ASKS IF YOU HAVE EVER BEEN "ARRESTED"! DO NOT LEAVE ARRESTS OUT. YOU WILL BE DISMISSED AND INELIGIBLE FOR OMITTING. IT DOES NOT OR DOES NOT ONLY ASK HAVE YOU EVER BEEN CONVICTED OR PLEADED 'NO-CONTEST' TO CRIMINAL CHARGES, OR SENTENCED FOR ANY NON-TRAFFIC OR CRIMINAL CHARGES.
NON-TRAFFIC CITATIONS (i.e. DISORDERLY CONDUCT FINES/TICKETS ARE ARRESTS. DO NOT OMIT. IF YOU HAVE NOT BEEN CHARGED IN YEARS, OR THE ARREST HAPPENED WHEN YOU WERE YOUNG, YOU JUST NEED TO CONVINCE THE OFFICER THAT YOU HAVE MATURED AND YOUR NOSE IS CLEAN.

Every state will have a Court Docket site where you can search offender information which is kept forever. If where you were arrested is quite a distance from you, you can print out the preliminary reports and the adjudication reports. For free.

Here is an example, which covers PA:

https://ujsportal.pacourts.us/DocketSheets/CP.aspx
Easiest way is to select to search by 'Participant Name'
It says 'combination' of the below fields however, only one is needed.
Type in First and Last name and County of Charge(s) or Citation(s)
'Search'

HONESTY IS THE MOST IMPORTANT. GOOD LUCK!

evor1

orange county california. i searched for my name at the orange county superior court website and it shows the case and says dismised. so all i need to do is print that out and they will accept it? or do i need to travel to the court and get some sort of official notice?

JMGPhila

I can just about guarantee that it is the same exact thing the court will give you if you drive all of the way there. You can also try calling the court, which may be identified in a manner such as, for example, 07-1-02. Google it and get the info. You can request they fax or email you Any disposition and details on the case that is possible. They may be setup for email, fax, mail or all.
It is not like you will receive an official letter with a seal impression.

^^^^

I would be comfortable with what you found that you can print out, though.

Good luck!

J

TWA884

I'm an experienced California lawyer.

The best document for evor1's needs is a copy of the docket, preferably a certified copy.

The directions for obtaining documents are on the court's website:

JMGPhila

Yes, the docket is indeed what is needed and he already found it. That link seems silly, no? It is simply a docket sheet showing charges and disposition(s) and I cannot imagine being given a problem just calling. If CA's justice portal does not spit out a certified page (such as it is in PA,) then call the court and ask them to stick it in the mail, but faxing would only take them moments if they are willing as well as email.
Chances are a non-certified copy would more than suffice, better to be safe than sorry.

J

Newgene

I think that is the piece that gets people most hung up. I was a regular police officer for many years, but I wouldn't say I'm an expert. Here is my understanding. When someone is arrested, especially for a felony, they are issued state and federal ID numbers. Many people who believe they have expunged records may not, as they cannot easily check their criminal history in NCIC to validate it. The attorneys know that, too. People pay money to attorneys, they fill out a form, get any old judge to sign it, and then send it to who knows where. Until the right person gets the form in the correct format, nothing is removed from NCIC.

The issue almost always lies in the record and prints that are contained on the federal side. As JMGPhila said, there is a way to have them removed. However, most attorneys don't do their homework correctly to have that done. I would think if anyone could see their actual criminal history printout, and they could simply see if it had a state and/or federal ID, they would be able to tell. I believe if they are blank, it will show the CPB agent no history. However, I don't know of a simple way for the average person to do that.

Now, if they are finding something for folks that don't have a state or federal number in NCIC, that is beyond me. There are always other forms of off-line searches from NCIC, but I don't know what level something like that would start, even if it is available. Again, I'm no expert, but that's what I think. Another LEO, attorney, etc. can likely comment correctly on this. That's why I wouldn't give advice one way or the other. This is just my understanding of how that works.

greglvnv

Actually, you are still eligible with only one misdemeanor conviction as long as you were convicted more than 10 years from the date of interview.