Criminal Law Adjourned in Contemplation of Dismissal (ACD) and USCIS background check

[nekto]

I am adjusting to GC and I had ACD for possession of controlled substance. Police stopped a car and found small amount of substance in questions. I was a passenger, but all people in the car were taken to a police station and issued court appearance tickets. The law states if substance found in a car and nobody admits that it belongs to him or her than every passenger gets charged.

So I got ACD, no fine, no any special programs or community work, after 6 month case was closed. My criminal attorney said that this record is gone forever. It was 6 years ago. Now my question is -- Should I disclose it to USCIS >? I got another petty misdemeanor offense on my record and USCIS asked me to bring a judgment on misdemeanor only (never mentioned ACD). I traveled outside US with ACD and prior to my misdemeanor charge and never had any problems. Also I ordered FBI fingerprints background check (as I understand the same stuff what USCIS sees) and it does have only a misdemeanor record and no record of ACD incident.. So do you think should I disclose ACD or since I can't find a trace of this record treat it as "never happened"? Also I called a court's clerk office and they couldn't find my record (I need court certified copy in case if I'll decide to mention it and there is no place where I can find it).


Any help is greatly appreciated!!!

 

[army judge]

I am adjusting to GC and I had ACD for possession of controlled substance. Police stopped a car and found small amount of substance in questions. I was a passenger, but all people in the car were taken to a police station and issued court appearance tickets. The law states if substance found in a car and nobody admits that it belongs to him or her than every passenger gets charged.

So I got ACD, no fine, no any special programs or community work, after 6 month case was closed. My criminal attorney said that this record is gone forever. It was 6 years ago. Now my question is -- Should I disclose it to USCIS >? I got another petty misdemeanor offense on my record and USCIS asked me to bring a judgment on misdemeanor only (never mentioned ACD). I traveled outside US with ACD and prior to my misdemeanor charge and never had any problems. Also I ordered FBI fingerprints background check (as I understand the same stuff what USCIS sees) and it does have only a misdemeanor record and no record of ACD incident.. So do you think should I disclose ACD or since I can't find a trace of this record treat it as "never happened"? Also I called a court's clerk office and they couldn't find my record (I need court certified copy in case if I'll decide to mention it and there is no place where I can find it).


Any help is greatly appreciated!!!

It is better to tell the truth, the whole truth, and nothing but the truth.

A slight omission could be construed as an attempt to lie or deceive.

If your fingerprints were taken, they are still on file.

It sometimes take a w little time for things to catch up in the various systems.

That could explain why nothing happened in the past.

If I were you, I'd tell everything.

If you leave something out, they'll construe it in the worst possible light for you.

Good luck.

 

[nekto]

Thank you for your reply. I had interview with IO this Monday and I have to come back to bring a corrected medical record on Friday (doctor filled out an old form). So on Monday when IO asked me about arrests I disclosed my misdemeanor record and failed to tell about my ACD ( I was under a false impression that record was erased and treated like "never happened"). Now, after researching the subject I am trying to obtain a copy of ACD record (which is not easy) and tell IO about it during my next visit. Any recommendations on how to go about it? It looks like I lied on the first place...

 

[army judge]

Thank you for your reply. I had interview with IO this Monday and I have to come back to bring a corrected medical record on Friday (doctor filled out an old form). So on Monday when IO asked me about arrests I disclosed my misdemeanor record and failed to tell about my ACD ( I was under a false impression that record was erased and treated like "never happened"). Now, after researching the subject I am trying to obtain a copy of ACD record (which is not easy) and tell IO about it during my next visit. Any recommendations on how to go about it? It looks like I lied on the first place...

Sure, this might work.
It often does.

You could say, that the event (ACD) happened many years ago.
They told you it was dismissed.
You had all but forgotten about it.
But, as your were thinking about all the things you have to do, you remembered it.
But, you want to be completely honest in everything you do.
You want to make sure that you tell all about it, and let the hearing officer decide if its relevant.
Then ask them, "So, where should I report it? How should I report it?"

 

[nekto]

do you think that would be a good idea try to get a court's copy of judgment (if it would be possible) and bring it to my next visit or should I tell IO first then wait to see what she has to say about it?

 

[army judge]

do you think that would be a good idea try to get a court's copy of judgment (if it would be possible) and bring it to my next visit or should I tell IO first then wait to see what she has to say about it?

I'd try and get the document.
That way it proves what you claim.
Most likely they'll tell you its okay and keep processing your paperwork.

 

[nekto]

Thank you for your advise!

 

[nekto]

Do you know if ACD is treated as a conviction by USCIS or like in criminal law non conviction>? I know that these two laws could be quite different from each other.