Hi,
I did my PhD from US and worked for about 1-1/2 years after PhD. I was divorced at that time when I was working, and my wife lived in MA. We were married about a year and never lived together due to different jobs and I never lived in MA. Due to personal troubles, I decided to spend some time with my family in India and I left my job. Before leaving US, she and I although divorced, decided to spend some time together in MA, as she too was leaving US and going back to India. So we met at her apartment in Boston around last week of August, and we were there for about a week. One day we had some issues and I left her apartment with my luggage inside. Out of anger she called police. During that time there were too many domestic violence issues in boston, and when police came and asked me some questions, they took me to the station for 'assault and battery'. They photographed me, took my license for verification and I think figer-printed me (I couldn't recall they did). Needless to say, I was completely shocked at Police actions and kept on saying that its a huge mistake; I truely couldn't beleive it. She was also completely surprised and said that she doesn't want arrest, and that police told her before coming to apartment they would just talk to me, and not arrest me. But Police said that now she also couldn't do anything accept that she could post bail. She came to the station in about two hour, and consented the bail. It was about $250 (I couldn't remember exactly) and I was asked to appear in the court in next few days.
I went to the court and my pre-trial hearing was set Oct 15 2009. At the pre-trial hearing the judge decreed dismissed for the want of prosecution. Apparently, she wasn't in court and there wasn't any proof with prosecution. Then I left US.
Presently I have a court document stating the judge's decree, and I am also married with my second wife.
I have few questions related to the above situation. I have never lived in MA, and I have no prior record.
First part is on the immigration front, I may have to go to US for a conference meeting Feb end in 2011 for which I have a business invitation. I have to file for visitor visa for business purpose. The visa form asks for any arrest/conviction. My question is -
1. What should I answer that question. Does the immigration know that I have arrest record in MA even though I never lived there. I don't want to answer yes, if they couldn't verify that I have a record by entering my information for making visa decision. There was no conviction, guilty plea, etc. It was only arrest case where they entered my record in the station. What would be the consequence if I said yes, regarding obtaining the Visitor Visa. I am aware that one must be truthful about these things to immigration, but its an unfortunate incident and I dont want it to affect my visa application.
2. How much would it affect if in the future I wish to obtain permanent residency?
The other part of my concern is on job front -
1. I wish to apply for a job in academia. I know that having such record could be detrimental to getting such jobs. I was searching online about record keeping in MA. It says that criminal records in MA are at Police Dept., DA's office, Clerk/Magistrate office in court, MA board of probation, and MA criminal history board. If potential employers (who are not in MA) do a criminal background check, could they find that I had an arrest record? I never lived in MA, and I have no previous record. How to prevent employers from finding I have arrest record?
2. Does the FBI keep such records and can employer can get access to those records?
3. How to prevent employers from finding that there's any arrest record?
4. I also looked at an option of expungement/sealing of the records, but is there any difference between the two? I am not in US so how to get them expunged/sealed?
5. I was searching online and it says that once records are expunged/sealed by the judge, the criminal background search would say no records found and I could legaly say it in job application that I dont have a record. Search also would not indicate that there is a sealed record. Are these true? Because I don't want that search should indicate any sealed record. If both these are true than does this mean that it could not be revealed to employer doing criminal background search that there is an arrest record?
I would be grateful if you could inform me on these. I would be filling the visitor visa application, but I don't know what to say in form.
Thank you very much
I did my PhD from US and worked for about 1-1/2 years after PhD. I was divorced at that time when I was working, and my wife lived in MA. We were married about a year and never lived together due to different jobs and I never lived in MA. Due to personal troubles, I decided to spend some time with my family in India and I left my job. Before leaving US, she and I although divorced, decided to spend some time together in MA, as she too was leaving US and going back to India. So we met at her apartment in Boston around last week of August, and we were there for about a week. One day we had some issues and I left her apartment with my luggage inside. Out of anger she called police. During that time there were too many domestic violence issues in boston, and when police came and asked me some questions, they took me to the station for 'assault and battery'. They photographed me, took my license for verification and I think figer-printed me (I couldn't recall they did). Needless to say, I was completely shocked at Police actions and kept on saying that its a huge mistake; I truely couldn't beleive it. She was also completely surprised and said that she doesn't want arrest, and that police told her before coming to apartment they would just talk to me, and not arrest me. But Police said that now she also couldn't do anything accept that she could post bail. She came to the station in about two hour, and consented the bail. It was about $250 (I couldn't remember exactly) and I was asked to appear in the court in next few days.
I went to the court and my pre-trial hearing was set Oct 15 2009. At the pre-trial hearing the judge decreed dismissed for the want of prosecution. Apparently, she wasn't in court and there wasn't any proof with prosecution. Then I left US.
Presently I have a court document stating the judge's decree, and I am also married with my second wife.
I have few questions related to the above situation. I have never lived in MA, and I have no prior record.
First part is on the immigration front, I may have to go to US for a conference meeting Feb end in 2011 for which I have a business invitation. I have to file for visitor visa for business purpose. The visa form asks for any arrest/conviction. My question is -
1. What should I answer that question. Does the immigration know that I have arrest record in MA even though I never lived there. I don't want to answer yes, if they couldn't verify that I have a record by entering my information for making visa decision. There was no conviction, guilty plea, etc. It was only arrest case where they entered my record in the station. What would be the consequence if I said yes, regarding obtaining the Visitor Visa. I am aware that one must be truthful about these things to immigration, but its an unfortunate incident and I dont want it to affect my visa application.
2. How much would it affect if in the future I wish to obtain permanent residency?
The other part of my concern is on job front -
1. I wish to apply for a job in academia. I know that having such record could be detrimental to getting such jobs. I was searching online about record keeping in MA. It says that criminal records in MA are at Police Dept., DA's office, Clerk/Magistrate office in court, MA board of probation, and MA criminal history board. If potential employers (who are not in MA) do a criminal background check, could they find that I had an arrest record? I never lived in MA, and I have no previous record. How to prevent employers from finding I have arrest record?
2. Does the FBI keep such records and can employer can get access to those records?
3. How to prevent employers from finding that there's any arrest record?
4. I also looked at an option of expungement/sealing of the records, but is there any difference between the two? I am not in US so how to get them expunged/sealed?
5. I was searching online and it says that once records are expunged/sealed by the judge, the criminal background search would say no records found and I could legaly say it in job application that I dont have a record. Search also would not indicate that there is a sealed record. Are these true? Because I don't want that search should indicate any sealed record. If both these are true than does this mean that it could not be revealed to employer doing criminal background search that there is an arrest record?
I would be grateful if you could inform me on these. I would be filling the visitor visa application, but I don't know what to say in form.
Thank you very much
