How do someone know if they has a criminal record

Asked over 1 year ago - Flushing, NY

Immigration status

Attorney answers (6)

  1. Karin Wolman

    Pro

    Contributor Level 16

    7

    Lawyers agree

    Answered . You should be able to remember if you have ever been arrested. If you were ever arrested, the local court where the arrest occurred will have a record of disposition- whether charges were filed, and what became of them- charges dropped, charges reduced, plea entered, fine or sentence imposed. Even if all charges were dismissed, you would still have to disclose any such incident to USCIS, when applying for a green card or citizenship.

    This is general information only. It is not intended as a substitute for legal advice, and does not create an... more
  2. Yunior Pineiro

    Contributor Level 9

    6

    Lawyers agree

    Answered . Your question is not very clear, but if you are asking what typically constitutes criminal records, it generally includes things such as criminal arrests and court dispositions (decisions). You may generally obtain arrest reports from the arresting agency (i.e. police) and court dispositions (outcome) from the court in which the criminal case was adjudicated (decided). Some states offer a way to obtain a criminal history report by contacting the state agency in charge of such records, and typically this will include a general report of arrests. A criminal history report may also be obtained from the FBI as provided on their website. Keep in mind that nobody is in a better situation to know if they have committed a crime than the person committing the crime. I point this out because it is important to realize that when, for example, immigration, questions someone regarding crimes, they are asking a person to respond truthfully, and the fact that a crime may somehow not be reflected in a given report for any reason (including errors), does not make that crime not subject to disclosure – a crime is a crime. Additionally, note also that immigration typically includes a question which asks if you have committed a crime for which you were not arrested. In essence, be very careful in your responses to immigration because you may find yourself in a situation where immigration determines that you have lied to them, which could result in serious consequences, including situations where not even a waiver is available to you. Of course this answer is not specific to you or your question, especially to the extent that I do not really know what you are ultimately asking. I hope this helps, however. When pursuing an immigration process, especially when crimes are involved, I always strongly recommend that one use a knowledgeable attorney specializing in immigration law.

  3. Ingrid Arnalda Morfa

    Contributor Level 16

    4

    Lawyers agree

    Answered . You can run a background check on yourself. The FBI check is probably the most efficient and it isn't costly.

  4. Alexus Paul Sham

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . the best way is to have a FBI fingerprint check run which is affordable. Fingerprints is how the USCIS determines if someone has a criminal record.

  5. Alena Shautsova

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . They should have a background check ordered on them ...

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  6. Ryan Michael Gibson

    Contributor Level 5

    3

    Lawyers agree

    Answered . You question is a little vague. FBI background check and checking with courts where the person has lived and traveled would be a good place to start. Need more information surrounding your question.

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