Problem with getting records for expunged/dissmissed charges

Are you overthinking this sillybadger? 

Is anyone else on here that asks a question about something that may not be run of the mill or who isn't sure they've got it right?
 
1. I read over any other thread I could find that was fairly recent-ish and therefore probably still current before I asked the question.

2. I gave the advice I got a try, and that wasn't workable, so I tossed another option out there to see if that sounded like a good Plan C.

3. Considering how judgmental people can be over any kind of criminal charges, without bothering to know what the details are, and how many things can result in my application being refused or put in a "not straightforward" pile for months, I'd rather overthink it than blow it off.

Is anyone else on here that asks a question about something that may not be run of the mill or who isn't sure they've got it right?
 
1. I read over any other thread I could find that was fairly recent-ish and therefore probably still current before I asked the question.

2. I gave the advice I got a try, and that wasn't workable, so I tossed another option out there to see if that sounded like a good Plan C.

3. Considering how judgmental people can be over any kind of criminal charges, without bothering to know what the details are, and how many things can result in my application being refused or put in a "not straightforward" pile for months, I'd rather overthink it than blow it off.

 What I was trying to get at, but I realise was clear as mud, is that ksand has given you the answer and she knows her stuff. 

Is anyone else on here that asks a question about something that may not be run of the mill or who isn't sure they've got it right?

Sometimes there's not an easy or straight forward answer if something's not usually encountered, but I think they've given you some great advice . If you search you'll read about other people who have had sort of similar situations and they seem to have followed the same train of advice, disclose it as best as possible, explain it in full, and hope that's enough. You can't give them what you can't a hold of.

I wish you luck.

sillybadger - all we are trying to do is reassure you that this is a non-issue and you don’t need to worry about it.

Just disclose it, include your police record and state in your cover letter that you can’t get records because they no longer exist.

I had the impression that I had to furnish records about the case, not just what my criminal record says, since my criminal record says nothing about it.

Normally you should send the paperwork, but if you cannot get hold of the records because they no longer exist then there’s nothing you can do about that... and that’s fine - UKVI will understand.

If there’s nothing on your record, then UKVI cannot refuse the visa... because there’s no grounds for refusal.

Deception would only come into it if you lied and said there was nothing on your record when that wasn’t true and UKVI believe you were deliberately trying to hide your criminal conviction in order to get a visa.

I mean, what are they gonna say?

‘You said you broke the law but that it was expunged and the record no longer exists, but because you don’t have the record that no longer exists, and we looked into it and confirmed it no longer exists, we are refusing your visa. The grounds for refusal under paragraph 320 of the immigration rules? Oh, um... well... I’m not really sure.’

Yeah, they’d never be able to get away with that.


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Exactly, everyone is just trying to reassure you that you have NOTHING to worry about.  We promise!

And yes, people ask "silly" questions all the time.  But this is not a silly question at all.  We just want you to know you've done what you can and it will not negatively affect your application in anyway.

And no questions are silly here.  We try to always take the time to answer them.  It's a stressful time when you are knee deep in an application.   

Simply write a short and to the point explanation in a cover letter or the additional information area.  Address the charge and that you have been unable to obtain any records

This. ^

If you can't access that information anymore, then you won't be able to give a record. Just state that.

I'm sure that the Home Office are aware that US citizens don't have access to their expunged records and therefore cannot provide a record to match.

What I was trying to get at, but I realise was clear as mud, is that ksand has given you the answer and she knows her stuff. 

I never said she doesn't; if I thought so of any of you, I wouldn't waste your and my time asking. What I find confusing is that when I've asked about this, it's seemed like you guys take me mulling details as  ignoring or challenging what you've said. If I ruminate on it it's usually because I'm either (as mentioned) making sure I'm getting you right or curious how the machine actually works. You guys have been explaining this material day in and day out for years; I haven't been hearing it day in and day out for the same. Looking at other threads and convos, I can't quite work out what in my responses gets this reaction.

I never said she doesn't; if I thought so of any of you, I wouldn't waste your and my time asking. What I find confusing is that when I've asked about this, it's seemed like you guys take me mulling details as  ignoring or challenging what you've said. If I ruminate on it it's usually because I'm either (as mentioned) making sure I'm getting you right or curious how the machine actually works. You guys have been explaining this material day in and day out for years; I haven't been hearing it day in and day out for the same. Looking at other threads and convos, I can't quite work out what in my responses gets this reaction.

What I said was intended to be supportive and encouraging, I apologise if it didn’t come across that way.   

Same as larrabee - you seemed to be concerned that the advice you’d been given and documents you have (or don’t have) wouldn’t be enough to meet the visa requirements and I was just trying to assure you that it would be .

In the grand scheme of things, this just isn’t an important part of the application. Yes, declare the convictions and explain that the records don’t exist anymore, then move on to the more important parts: making sure you have everything else in order (finances, accommodation, relationship).

Because at the end of the day, your expunged convictions will have no effect whatsoever on the application... you’re only disclosing them to show you are an honest person with nothing to hide.


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What I said was intended to be supportive and encouraging, I apologise if it didn’t come across that way.   

Same as larrabee - you seemed to be concerned that the advice you’d been given and documents you have (or don’t have) wouldn’t be enough to meet the visa requirements and I was just trying to assure you that it would be .

In the grand scheme of things, this just isn’t an important part of the application. Yes, declare the convictions and explain that the records don’t exist anymore, then move on to the more important parts: making sure you have everything else in order (finances, accommodation, relationship).

Because at the end of the day, your expunged convictions will have no effect whatsoever on the application... you’re only disclosing them to show you are an honest person with nothing to hide.


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Eh, no apologies, that's why I said "seemed" - one of the sucky things about text only conversations with a few paltry emoticons for garnish is that nobody gets the stuff that goes along with face to face communication, neh?

I tend to go for annoying supersized clarity as a rule. There's the aforementioned experience that I'm a magnet for minor details becoming major problems, especially with paperwork or anything legal. There's that I've been going over this crap on and off for waaaaay longer than I thought I would be, and it all starts to run together. And there's that the concussion I got from the wreck awhile back still gives me some dodgy memory bits here and there. I have a t-shirt that says "My brain is the most important thing about me, but look what told me that"   ;0)

On a fun note, the cousin of a buddy's mechanic that works at the CoC told me that the clerk that said no was (her words) a kind of whackadoo biscuithead and to come up there one day when that one's on lunch and she'd run something one off for me. I'm not going to bother, but that's more like how things more often get done around here. And I'm stealing whackadoo biscuithead for future personal use.