Legal Question in Criminal Law in Georgia
I am from iran and had a shoplifting misdemeanor case in 1983,which was absolutly a misunderstanding,anyway after this terrible thing i came back to my country and never back to usa,recently i have decided to visit usa,so i checked with the court ,they informed me the case was dismissed in 1996 and the case has been destroyed pursuant to records retention schdule for courts.so i am wondering if i apply for us visa,will the above mentioned show up in my fbi back ground check or not?also if i get my visa i would like to apply for immigration,will i have any problem ?also i am sure even if the case is completly destroyed ,if the fbi shows it they will not give me the visa.
2 Answers from Attorneys
Courts retain disposition records for a period of time, but that does not erase the case from the NCIC. That will still show the arrest, and likely also shows the disposition.
The arrest will show, and it may show open warrant. No one can know what will show until you apply. However, I suggest that you communicate with an attorney before you apply for visa, IF you are in the United States when you apply. See website for info on retaining the right attorney: http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=38
Good luck.
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