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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28069
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am a resident alien, with a card, who had a misdimeanor,

Customer Question

I am a resident alien, with a green card, who had a misdimeanor, shoplifting arrest, approximately 43 years ago, and have had no other negative reports since.
I have been stopped by immigration when re-entering the U.S. on one occassion, each year, when my fingerprints bring up the past event.
The Imigration officer always passes me through, once they check to see that there are no other items in my record, but, I would like to eliminate this problem, once and for all.
I checked with my local court, and they informed me that the documents were "water damaged", and unavailabe, though the arrest does show up on their computer records as "a theft, under $100.00, with the sentance issued, of six (6) months probation.
I am now applying for the Global Entry program, and have been requested to bring the "original" court documents reflecting the disposition of the matter.
According to the clerk, at the court, she can't provide those records, due to water damage.
I have two questions:
1) Is there a way to erase this 43 year old item from my record (especially, as there have been no other instances of, any type of misconduct, since that event, and have that item expunged from the data base?
2) I was told, that, after this many years, I could request the removal from my record, but I have no idea how to do that so, could you give me guidance in achieving the necessary result?
I have recently retired, and my husband and I will be making several trips outside the country starting this year, and need to resolve this issue as soon as possible.
Thank you, ***** ***** for any assistance you cqn provide.
F. **********
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Judith replied 3 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Can the court clerk give you a written statement that the court documents are water damaged and unavailable but the computer records show "a theft, under $100.00, with the sentance issued, of six (6) months probation as the disposition? They can sign that statement and put the court seal on it?

Yes, you may request that TRIP = Traveler Redress Inquiry Program - remove the flag on your record in the computer. Here is the link to requesting that online

Indeed, it is an annoyance to be flagged every entry after an incident 43 years ago and you should get a favorable outcome from TRIP.

I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.


Expert:  Judith replied 3 months ago.

I have requested customer service remove your name from your post.


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