How to Get your Arrest Record for Immigration

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If you have ever been arrested anywhere in the world, you'll need to provide USCIS with a certified copy of the disposition of the arrest with most applications.  Leaving aside the very important questions of what impact your arrest might have on your case, which is something you should talk to an immigration attorney about (you can contact me about this at christina@cruddenlegal.com), here are few tips that should help you locate the actual records.

First of all, for most foreign arrests your best bet will be to have someone who is still in the foreign country get the records for you, in person, and send them to you by mail.  Have the person scan and email, or fax, a copy of the original, and, if possible, get two originals certified at the same time in case something happens to the first one.  If you had a lawyer for your original case, that's a good person to contact to get the records.  Otherwise, someone who lives in or near to the town where the arrest took place should be able to find the records for you.

For any record, the copy must be CERTIFIED.  This means that it must have the seal of the court on it.  USCIS wants to see a raised seal.  Not all court officials (you'll usually be dealing with someone at the office of the Clerk of Courts) understand this, and will try to give you a regular copy to save you money--there's usually an extra charge for the sealed copy.  The seal is important, so be sure that it's on there.  Some courts now keep their records online, which is great for most purposes, but not for this. You need the certified copy.

If the place where you were arrested is the same place you're now living, it's easy to go to the place where the records are kept (and to find out where this is, google "criminal records" and the name of the place you were arrested.  Then look for the listing that ends in .gov, which designates the website of a government office.  That's where you want to look for the contact information, NOT one of the many services that will charge you for these records.  They're public records, so the only fees you should have to pay are those set by the court to cover their administrative costs.  Most courts charge between $10-15 for certified records.  Court websites can be a maze of information, so if you can't find what you're looking for easily, look for a number for the clerk of court.  Call that person, explain what you need, and ask where you can find it.  The person may direct you to another department, where you'll have to explain again, but if you're friendly and polite you'll get the information you need, with instructions on how to order the records.  There may be a specific request form you'll have to complete and either mail or fax to the court, so be sure to ask how they would like it to be delivered--not all courts will accept forms by fax, but some will.

Some courts will bill you before sending the records, while others will send you an invoice when the records are sent.  In either case, the court has specific rules about what types of payment are acceptable.  Be prepared that many courts will not accept a personal check, so ask before you send your payment.   If possible, order two copies, so that you have one for your own records after you submit the original to USCIS.

Once you have the record, check the form instructions to determine whether USCIS wants you to submit it with the application, or whether they want you to bring it to the interview.  In most cases, the original will be submitted with the application, but do check before you submit it. If you are submitting an original document, it's a good idea to include a cover letter listing the evidence that is being submitted (for example:  1. Application with filing fees. 2.  Copy of marriage certificate  3.  ORIGINAL Certified Court Dispositions).  That way you, and the officer reviewing your file, know what was sent.

Make sure you have certified dispositions from ALL arrests.  Even if the charges were dismissed and you never went to court, make sure you have a certified letter from the court saying that.  If your record has been expunged, you may not be able to get a complete copy of the record, but the court should still be able to provide a letter explaining that the requested record is unavailable because it has been expunged.  Talk to your immigration attorney about whether it is appropriate to submit other records about what happened.

If you're going to an interview with someone, like a spouse or a parent, who is unaware of the arrest, be sure to talk to that person about it first.  It will come up at the interview, and it will be uncomfortable if this is the first time your spouse is hearing about your arrest record--not to mention that it may make USCIS skeptical about the bona fides of the relationship, since one of their (erroneous, I think) assumptions is that "real" couples share everything with each other, and would know about any arrest record already.

And, as always, if you have questions about this, you can feel free to contact me at www.cruddenlegal.com, or by email to christina@cruddenlegal.com.