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  1. #1
    Join Date
    Mar 2012
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    Default Arrested Due to Clerical Error, Accidental Non-Disclosure to USCIS

    My question involves a driver's license issued by the State of: Georgia

    I received a speeding ticket in Oct 2006 (city of Sandy Springs) and paid my ticket before the deadline. In April of 2007, I was pulled over by for a taillight being out and the police ran my license and arrested me due to it being suspended (City of Roswell Police). So I was put in the holding cell overnight and parents had to bail me out in the morning. My mugshots and fingerprints were also taken. I go back to the court where my speeding ticket was issued and explain my situation and they told me it was a clerical error and they accidentally suspended my license. Now I made sure I got my bail money and towing money back and the lady said the arrest would be taken off my record.


    Now 5 years later, I go for a citizenship test and they ask me if I had any arrest records...I obviously tell them no. Now they find this record and tell me it is still on my record and it was never removed and put my application on hold because I "lied" according to them. So I call Sandy Springs court and now the lady tells me the person who was supposed to follow through with Roswell Court never did and the arrest was still on my record. So currently I am working with Roswell court to get my record expunged.

    My questions, is there any legal action I can take against the city? the court? They managed to make 2 big mistakes which put me in jail for a night and potentially cost me my citizenship. Obviously someone should be held responsible for such big mistakes, but they rarely do...anyone have any suggestions on how to proceed?

    Thanks.

  2. #2
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    Default Re: License Suspended Due to "Clerical" Error

    Mistakes happen.

    The problem here isn't that you were arrested. The problem is that you gave false information to the USCIS. There's no "except if you got an expungement" exception to the full disclosure required on immigration forms or when talking to immigration officers. Had you told the truth - that you were arrested due to a mistake - with any documentation or investigation backing that up - this would not be an issue. Being accused of lying is a vastly more serious issue. Worry about straightening that out with the USCIS and consider employing an immigration lawyer to assist you.
    Quote Quoting N-400, Part 10, Section D. Good Moral Character
    For the purposes of this application, you must answer "Yes" to the following questions, if applicable, even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney told you that you no longer have a record....

    16. Have you ever been arrested, cited or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason?

  3. #3
    Join Date
    Mar 2012
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    5

    Default Re: License Suspended Due to "Clerical" Error

    Thanks for the reply. I understand mistakes happen...but twice on the same case? Also, I understand the full-disclosure, but the I thought the whole point of an expungement would be I don't even have to bring it up...if it was taken off my record, he would never had seen it in his database. Anyways, he did give me 3 months to mail him all the documentation backing my case up, which I am doing. My question was, is there any type of legal action I can take against the city for screwing me over twice?

  4. #4
    Join Date
    Sep 2010
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    19,901

    Default Re: License Suspended Due to "Clerical" Error

    You thought wrong. The N-400 specifically TOLD you that you needed to tell them. If you had told them, it would have been without consequence. Now you've made a very serious offense of lying on your application.

  5. #5
    Join Date
    Mar 2012
    Posts
    5

    Default Re: License Suspended Due to "Clerical" Error

    Technically I did not lie as the idiots in the courts did not do their job like they were supposed to. The deputy court clerk told me it would be off my record and the arrest would be gone like it never happened. If they had closed the case like they were supposed to, I was technically telling the truth. I did not lie, its not my fault they hire idiots in the public sector. Now if you guys would read my REAL question, it would be more efficient. I don't want to know about the N400 and citizenship stuff (I have that under control), I need advice on taking legal action against the city and the courts about screwing up big time....I do appreciate the replies, but its not helpful if you don't read the whole thing and start pointing fingers at me...maybe the guy above works in the government...who knows.

  6. #6
    Join Date
    Sep 2010
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    19,901

    Default Re: License Suspended Due to "Clerical" Error

    You have no case. The only "damage" that appears to have arisen here is your inability to be properly and truthfully fill out the N-400. You have no cause against them for the clerical error, sorry. The fact that you were led to believe that the matter would never be visible is not actionable.

  7. #7
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    Default Re: License Suspended Due to "Clerical" Error

    Again, the instruction on the form, as previously quoted and boldfaced, is "For the purposes of this application, you must answer "Yes" to the following questions, if applicable, even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney told you that you no longer have a record." When you are explicitly told that you must disclose an arrest even if somebody has told you that it's not on your record it is decidedly not "technically telling the truth" to give a false answer because somebody told you that the arrest wouldn't be on your record.

    Whether or not you like hearing what the law is, it is absolutely correct for us to point out to you that had you answered in a truthful manner this would be a non-issue and you've created this problem for yourself by failing to follow that very plain, simple instruction.

  8. #8
    Join Date
    Mar 2012
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    5

    Default Re: License Suspended Due to "Clerical" Error

    Thanks for the responses...guess I should not depend on government employees anymore to get anything right in the future.

    and I went over my N400 five times, and did not see that mentioned anywhere, looking at it right now and nothing.

  9. #9
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    Default Re: License Suspended Due to "Clerical" Error

    Look again.

  10. #10
    Join Date
    Mar 2012
    Posts
    5

    Default Re: License Suspended Due to "Clerical" Error

    Right it says its applicaple unless its cleared...which the court cleark did tell me it was cleared, so I did not have to mark that down.

    Nevermind, scratch the whole thread...majority of the forum users here work for the government...no wonder people side with them here, gonna go find a neutral resource.

    PS: FU unskilled, uneducated public employees.

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