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There is an arrest record attached to my Card from an arrest…

Hi, There is an arrest...
Hi, There is an arrest record attached to my Green Card from an arrest made 4 years ago where no charges were ever brought. The Police library search made at the Police records showed no arrest history at all but immigration are requesting hard copy of the court docs showing that no changes were brought. The problem I have is that every time I return to US I am taken to immigration because of the arrest record. How can I get the arrest record removed where the Police cannot give me any evidence an arrest was made at all?
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Answered in 3 minutes by:
3/14/2018
KLAW
KLAW, Lawyer
Category: Legal
Satisfied Customers: 2,130
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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Customer reply replied 1 month ago
Hi, are you able to advice how I can deal with this problem?
Under Florida law, adult criminal history records are public unless sealed or expunged. See Section 943.053(3), Florida Statutes, which provides for public access to criminal history records, under specified conditions. The term "criminal history information" is defined, tracking the federal definition, at Section 943.045, Florida Statutes. A criminal history record is created when a person is arrested and fingerprinted, and includes the disposition of any charges stemming from that arrest, whether it is an adjudication of guilt or the withholding of adjudication, acquittal, or dismissal of charges before trial, or other disposition.Under Florida and federal law, you have a right to request a copy of your criminal history record for purposes of review, to ensure that it is both accurate and complete. This process is known as a Personal Review.You may examine the record obtained through Personal Review for accuracy, and has the right to challenge any information contained within the criminal history record that the record subject believes is inaccurate or incomplete. No charge is assessed by FDLE for this service. See Section 943.056, Florida Statutes, and Rule 11C-8.001, Florida Administrative Code.A Personal Review generally allows an individual to determine which, if any, date(s) of arrest he or she will be eligible to have sealed or expunged. For arrests occurring in other jurisdictions, the FBI has a similar procedure in place to review any non-Florida record. However, obtaining a personal review is not a prerequisite to applying for a certificate of eligibility to seal or expunge a criminal history record.To obtain a Personal Review, send a copy of your fingerprints, along with a letter stating your request to FDLE, Attention: Criminal History Record Maintenance Section, PO Box 1489, Tallahassee, Fl.You can also obtain the personal review form from here http://www.fdle.state.fl.us/Criminal-History-Records/Personal-Review.aspxThis is what they are asking for.I hope this clarifies. Please don’t forget to rate the question with stars. We as attorneys are not employees of Just Answer and are not paid unless you rate the question
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Customer reply replied 1 month ago
Hi, are you able to advice how I can deal with this problem?
I did al;so talk with the Green Card office on-line and they said it was a police matter and could not help me
Customer reply replied 1 month ago
Hi, are you able to advice how I can deal with this problem?
I did al;so talk with the Green Card office on-line and they said it was a police matter and could not help me.I am in California and the arrest was made here.
Ok
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Where in California was the arrest?
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Customer reply replied 1 month ago
Hi, are you able to advice how I can deal with this problem?
I did al;so talk with the Green Card office on-line and they said it was a police matter and could not help me.I am in California and the arrest was made here.It was made in San Jose CA 95128
First thing to know -- the California Public Records Act (CPRA) is the law in California for accessing public records from the San Jose police department.Police reports and records may be obtained from the SJPD Records Unit located at:201 West Mission Street
San Jose, CA 95110
Records Unit:(###) ###-####
Here is a link to the form to request the incident arrest record.http://www.sjpd.org/PDF_Forms/TrafficAccident_Crime_Report_Request.pdfAfter the request is processed they will mail you a copy of the police report issued out of the arrest.I hope this clarifies.
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Customer reply replied 1 month ago
Hi, are you able to advice how I can deal with this problem?
I did al;so talk with the Green Card office on-line and they said it was a police matter and could not help me.I am in California and the arrest was made here.It was made in San Jose CA 95128This is where I went today, where they told me there was no history of an arrest on their system. It seems to me that the fingerprint history system is where it is finding my arrest record. It looks like you included a link the the federal department that deals with fingerprint criminal history. Do you think this is the correct route to take this problem?
if the local San Jose’s police claim to have no records. There is a record if you were actually detained.
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Customer reply replied 1 month ago
Hi, are you able to advice how I can deal with this problem?
I did al;so talk with the Green Card office on-line and they said it was a police matter and could not help me.I am in California and the arrest was made here.It was made in San Jose CA 95128This is where I went today, where they told me there was no history of an arrest on their system. It seems to me that the fingerprint history system is where it is finding my arrest record. It looks like you included a link the the federal department that deals with fingerprint criminal history. Do you think this is the correct route to take this problem?
OK, there is a site for CA fingerprint advice: https://oag.ca.gov/fingerprints I will see if I can get an answer through this route. It is very inconvenient at the moment because I am delayed 2 to 3 hours every time I return to US after overseas trips.
Customer reply replied 1 month ago
Hi, are you able to advice how I can deal with this problem?
I did al;so talk with the Green Card office on-line and they said it was a police matter and could not help me.I am in California and the arrest was made here.It was made in San Jose CA 95128This is where I went today, where they told me there was no history of an arrest on their system. It seems to me that the fingerprint history system is where it is finding my arrest record. It looks like you included a link the the federal department that deals with fingerprint criminal history. Do you think this is the correct route to take this problem?
OK, there is a site for CA fingerprint advice: https://oag.ca.gov/fingerprints I will see if I can get an answer through this route. It is very inconvenient at the moment because I am delayed 2 to 3 hours every time I return to US after overseas trips.
You have been very helpful - Thanks :)
I just gave you your answer
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Customer reply replied 1 month ago
Hi, are you able to advice how I can deal with this problem?
I did al;so talk with the Green Card office on-line and they said it was a police matter and could not help me.I am in California and the arrest was made here.It was made in San Jose CA 95128This is where I went today, where they told me there was no history of an arrest on their system. It seems to me that the fingerprint history system is where it is finding my arrest record. It looks like you included a link the the federal department that deals with fingerprint criminal history. Do you think this is the correct route to take this problem?
OK, there is a site for CA fingerprint advice: https://oag.ca.gov/fingerprints I will see if I can get an answer through this route. It is very inconvenient at the moment because I am delayed 2 to 3 hours every time I return to US after overseas trips.
You have been very helpful - Thanks :)
You gave me an alternative direction to pursue so I am grateful. Thanks.
Customer reply replied 1 month ago
Hi, are you able to advice how I can deal with this problem?
I did al;so talk with the Green Card office on-line and they said it was a police matter and could not help me.I am in California and the arrest was made here.It was made in San Jose CA 95128This is where I went today, where they told me there was no history of an arrest on their system. It seems to me that the fingerprint history system is where it is finding my arrest record. It looks like you included a link the the federal department that deals with fingerprint criminal history. Do you think this is the correct route to take this problem?
OK, there is a site for CA fingerprint advice: https://oag.ca.gov/fingerprints I will see if I can get an answer through this route. It is very inconvenient at the moment because I am delayed 2 to 3 hours every time I return to US after overseas trips.
You have been very helpful - Thanks :)
You gave me an alternative direction to pursue so I am grateful. Thanks.
Should I go ahead to rate you now?
Unfortunately, that is the only option you have left, to obtain the record.If your satisfied with the assistance I gave you today, please rate the answer with stars.Anything else, just ask.
KLAW
KLAW, Lawyer
Category: Legal
Satisfied Customers: 2,130
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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KLAW and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
Hi, are you able to advice how I can deal with this problem?
I did al;so talk with the Green Card office on-line and they said it was a police matter and could not help me.I am in California and the arrest was made here.It was made in San Jose CA 95128This is where I went today, where they told me there was no history of an arrest on their system. It seems to me that the fingerprint history system is where it is finding my arrest record. It looks like you included a link the the federal department that deals with fingerprint criminal history. Do you think this is the correct route to take this problem?
OK, there is a site for CA fingerprint advice: https://oag.ca.gov/fingerprints I will see if I can get an answer through this route. It is very inconvenient at the moment because I am delayed 2 to 3 hours every time I return to US after overseas trips.
You have been very helpful - Thanks :)
You gave me an alternative direction to pursue so I am grateful. Thanks.
Should I go ahead to rate you now?I will give you 5 stars :) Thanks so much !
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KLAW
KLAW
KLAW, Lawyer
Category: Legal
Satisfied Customers: 2,130
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Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.

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