Am I out of Luck??

[Charlie_07]

I am at the point that I have to submit my FBI background check to the Buffalo office and just found out that there is a criminal record showing up that I thought was non-existent because the charges were dropped by the accuser. I did not originally disclose on my application for PR that I had been detained assumming it was 'erased'. Will this cause my application to be denied? Am I out of luck or do I have options to make it right?

 

[Eduardo Picazo]

Hi Charlie

Do you have a document that released you from charges? if you have it just paste a copy within the FBI record and write an explanation letter to CIC, if you don't have any document, I hardly suggest that you might go to the court and ask for it so you can prove that you are clear.

Good luck
Eduardo

 

[links18]

If anyone finds themselves in that situation, you should really apply to the court to have the records expunged. The record of the arrest will not go away just becuase the charges were dropped or even if you were found not guilty. However, if you were found not guilty or the charges were dropped, you should have the right, depending on where it occurred, to have all records relating to that event expunged. Those records could come back to haunt you in many ways, such as when you apply for a job. Being arrested and being found guilty of a crime are not the same thing, but most people don't see it that way and they will just assume you are of questionable character regardless of the final disposition of the case.

Of course, that does not change the fact that you were asked a more specific question on your application, "were you ever detained" that you did not answer truthfully. I think you will need to get advice from a competent immigration attorney to help you determine how to procede now.

 

[Charlie_07]

Hi Eduardo, I have requested documentation from the court system. They said its been so long and suspect they may have archived the records. They advised me, they would contact me in a few days.

Thanks Links18 - I did some research on expunging ---- seems to indicate it will take about 60 days to do, unfortunately, I don't have those days left ( supposed to submit my documents soon). I will take your advise and consult a lawyer.

Any thoughts PMM?

Charlie_07

 

[hinasaqib]

Help please reply PMM

Hi all
I am trying to get Attorney number is somebody help me to provide the number i really apreciates help

Thanks