fbi check

[wildtoucan]

My husbands check came back today and it shows a dui charge of 29yrs ago. He was surprised because when he went to court it was dropped to moving violations because he wasn't under the infuence when they did his bac test. He didn;t have any fines or jail time. It doesnt even show up on his driving record. So to me the first step is to contact the police station and see if we can get court records? I hope not to many years have passed. Now when I read about the rehabilitation process and applications, it says he is deemed rehabilitated as 10yrs has passed since the offence and he has no other convictions....what does that mean?
Anyone gone thru this have any advice?

 

[Belinasha]

Welcome to the fun world of FBI checks..where the information is sometimes not current or not correct at all. My husband's came back wrong when we first applied and what we did was phone the court house and talk to someone in records who ended up faxing the correct information to the FBI to have them correct their records. It only took them about a month for the FBI to process that information. My hubby is from Iowa and there was a $15 charge for them doing this. We had to pay to resubmit new fingerprints and wait an additional 6 weeks. We sent our application ahead with an explanation and got our sponsorship approval without it. We sent in the 2nd FBI when we received it and it was added to our file, even though they hadn't requested it yet. So, we had spent 8 weeks initially, plus $70+ for the 1st incorrect report. My hubby's state record was expunged and the FBI didn't bother to update their files with it (they are under no obligation to).

Try contacting the records department of the courthouse and just tell them that the FBI report is wrong and they should send the correct information. You'll have the added expense of applying for another one and waiting, but you can send your application without it, just write an explanation stating that you will send the corrected one when you receive it.

As for rehabilitation, I'm sure if you do a search on here, someone has posted their experience with it.

Good luck.

 

[wildtoucan]

Thanks...I feel better that there is some hope. Like I said we were so surprised as he has been told at customs when he and buddies got hauled in and passports were checked, that he was clean as a whistle...Hopefully we can get this taken care of in a timely manner. Sucks as it was 30yrs ago and he has no other offences and all we need to do is for him to have medical and then send application off.

I have search on here for rehab info but not getting much...

Again, thanks for your info

 

[wildtoucan]

I have read and read up on everything I can find on this and from what I understand is my husband falls under being "deemed rehabilitated" because more than 10yrs has passed ( 30 ) and he has had no other convictions etc. He has never been "inadmissable" to canada as well. There is no application to fill out for this, so would I just go ahead with our application then? I am still requesting the correct info from the court house.

I came across this several time on this and other immigration forums

"Deemed rehabilitated means that you won't have to apply for rehabilitation if all other criteria are met (no other and no further offences)."

Has anybody been deemed rehabilitated and if so, what did you do? THX

 

[Belinasha]

I would go ahead and apply. It's not going to have any bearing on you being able to sponsor him and they can sort out all the criminality issues during phase 2.

 

[maverick.dexter]

I would go ahead and apply. It's not going to have any bearing on you being able to sponsor him and they can sort out all the criminality issues during phase 2.

Can any1 help me with information as to how to get fbi clearance certificate? my spouse lives in US.Thanks