N-400 filing

Old Feb 17th 2010, 2:28 pm
  #1  
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Default N-400 filing

Hello there,
I am few months away from filing N-400. However, I have a little problem. I was arrested in September 2009 but was never found guilty, never went to court. In other words, the State Attorney dismissed the charges saying that I did not commit the crime and ordered disposal of all the evidence. I am reading on USCIS and from other forums that IO usually ask for Disposition and I certainly have that, however, I was told that I might also need arrest report, which I don't have it. I went to the police department to ask for a copy but they said it has been destroyed but they are refusing writing a letter for me explaining that it was destroyed so I can show it to USCIS if they ask.
Now, do they really ask for arrest report or mostly just disposition? Any answer will be greatly appreciated. Sincerely Milan.
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Old Feb 17th 2010, 3:59 pm
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Default Re: N-400 filing

Originally Posted by milan79
Hello there,
I am few months away from filing N-400. However, I have a little problem. I was arrested in September 2009 but was never found guilty, never went to court. In other words, the State Attorney dismissed the charges saying that I did not commit the crime and ordered disposal of all the evidence. I am reading on USCIS and from other forums that IO usually ask for Disposition and I certainly have that, however, I was told that I might also need arrest report, which I don't have it. I went to the police department to ask for a copy but they said it has been destroyed but they are refusing writing a letter for me explaining that it was destroyed so I can show it to USCIS if they ask.
Now, do they really ask for arrest report or mostly just disposition? Any answer will be greatly appreciated. Sincerely Milan.
The N-400 document checklist specifies arrest records explicitly:

If you have ever been arrested or detained by any law enforcement officer for any reason, and no charges were filed, send:
* An original official statement by the arresting agency or applicant court confirming that no charges were filed.

If you have ever been arrested or detained by any law enforcement officer for any reason, and charges were filed, send:
* An original or court-certified copy of the complete arrest record and disposition for each incident (dismissal order, conviction record or acquittal order).


So, yes, they DO ask for arrest records. I didn't have mine, but I did have a letter saying they are not available.

Maybe someone who has actually been in your situation will be along shortly to help...
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Old Feb 17th 2010, 4:20 pm
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Default Re: N-400 filing

Originally Posted by nettlebed
The N-400 document checklist specifies arrest records explicitly:

If you have ever been arrested or detained by any law enforcement officer for any reason, and no charges were filed, send:
* An original official statement by the arresting agency or applicant court confirming that no charges were filed.

If you have ever been arrested or detained by any law enforcement officer for any reason, and charges were filed, send:
* An original or court-certified copy of the complete arrest record and disposition for each incident (dismissal order, conviction record or acquittal order).


So, yes, they DO ask for arrest records. I didn't have mine, but I did have a letter saying they are not available.

Maybe someone who has actually been in your situation will be along shortly to help...
Dear nettlebed,
Thank you for that info, althought I am still confused. I was arrested, released the next day and after that I have waited almost 3 weeks what is going to happen. And State attorney called me and told me that charges are not filed and I will not be going to court and they dismissed the whole case. I believe if someone is arrested there is arrest report which I had but now its not available. Thank you again.
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