Legal Question in Criminal Law in New Mexico
My gf has a sealed record on a drugs charge in Arkansas dating from over 10 years ago and is currently living in NM. I am from UK and we want to apply for a fiancee visa for her to come live with me. Do we need to declare this record on the visa application to the UK Border Agency. Will they be able to see it? In fact who CAN see it? Neither of us know and we are quite worried about the visa process as it is. Hope one of you guys can help us.
1 Answer from Attorneys
US court records are forever. Even though a record has been sealed, the fact that there is such a record remains public information. Also, such records are usually recorded with the FBI's NCIC data base which is searchable by law enforcement and other government agencies. What steps the UK takes and whether or not they can or will check with NCIC will have to be answered by someone very familiar with immigration/entry/visa laws of the UK, which this author is not. We suggest you re-submit your questions under "immigration law" or "international law" or both.
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