Question regarding DOJ rap sheet and Criminal Charges

[softvirgo]

What is the name of your state? California

Hello Everybody

Just a small recap , last month I have got arrested/convicted for Public Intoxication Charges 647(f).I was under influence of alcohal. Cop took me to cell for 4 hrs and then released me with citation.I plead no contest in court and jusge said that your already served time was your punishment. No probation No fine.

My status in USA is that I am an immigrant having Permanent Resident Card.From immigration point of view I know that this kind of Crime is Deportable and Inadmissible to USA if person gets convicted of Intoxicant under influence of Controlled substance or drugs only. But if you are under influence of alcohal it is neither a deportable crime nor a person is Inadmissible to USA. (Please correct me if I am wrong here)

My mother is seriously ill and I need to move out of country in 2-3 days. What I am scare of is indmissibility to US at POE while coming back. I am having following documents with me

1) Ticket which I got says 647(f) Public Intoxication Charges only.

2) Document from court I am not sure what is the specific name of that document which says what were my charges and what was my punishment.That document also says 647(f) Public Intoxication.

3) Copy of Police report in which sheriff who arrested me narrates that I was arrested because there was strong order of alcholic beverages.

I am not sure how much it is going to create a problem for me whiole coming back at POE . May be the immigration officer doesn't care about this charge at all.

But if something happened then Does all these 3 documents are enough for me to make immigration officer believe that it was alcohal and not any controlled substance. Till now from all these documents it is a general charge and doesn't differentiate between alcohal,drug or any controlled substance.

I have got 2 different kinds of advices from different attorneys.

Somebody told me that if you would have been convicted under influence of controlled substance then they should have mention some other charge too like Health and Safety Code something like HS1135-----

Another advice is that these documents are nothing you have to order you DOJ rap sheet from department of justice and need to see what kind of charges they had mentioned over there. If they have mentioned drugs then USCIS will take it as controlled substance and drugs and you will be eligible for deportation.according to them get ur DOJ rap sheet. If it is wrong get it corrected by proper procedure.

I am really really confused . Please help me. This website have been so helpful till now.

Regards

[CdwJava]

Okay ... nobody can say what an immigration agent MIGHT think of a particular charge. But the bottom line is that in CA this is a big, whoppin' nothing of a charge.

Usually, if you are under the influence of drugs you will be charged with a Health and Safety Code. But! Not all drugs are covered under the H&S code and PC 647(f) gives a generic fall back.

You really need to stop worrying about this so much!

There is no saying what your CA DOJ CORI (Criminal Offender) record will say. It SHOULD say that you were arrested for PC 647(f) -Public Intoxication. I do not recall the rap EVER saying whether it was drugs or alcohol.

If you are truly so concerned, contact the ICE before you leave.

- Carl

[softvirgo]

Carl I understand what you just explained. I know this is a pointb where Criminal and Immigration laws are interscting.

And as you have said that it s Generic fall back and my DOJ report will say Public Intoxication only but isn't there any kind of document which I can get to prove that it was alcohal. Can the arresting agency give me any kind of letter .

But what I am concerned about is that whether this kind of Generic charges where nothing has been mentioned is benefecial to immigrants or it will go against it.

I know what my main worry is now more towards immigration side. But what I am trying to get a kind of certified document which can explain this charge completely could be from court clerk,police station or from DOJ . Thats the reason I have put question over here.

Regards

[softvirgo]

Hey Carl

Today Iw ent to court clerk and got a certified copy of my charges and punishment. It was a 2 page document.It says just 647(f) Misd Charges. I asked her regarding DOJ reporting she said we don't report this charge to DOJ.

Then I went to arresting agency and they said we also don't report this specific charge to DOJ.

So now I think on my DOJ there won't be anything even if I get a DOJ report.

Sir now what I need from you is one last advice that What kind of document should I obtain and from where which explains this charge in detail and differentiate between alcohal and drugs.

Regards

[softvirgo]

Hello Sir

Thanks for your help last time . I need one more advice.

Today I talked with clerk in court and told him about immigration consequences . He checked my file and also there was a police report. he said yes your police report says thats it is due to alcholic beverages.

He said that you can request to judge that if on sentencing paper if he writes due to alchohal only. Then he told me that he had left message to judge and if he agrees we can write alchohal only as it is a truth and then we can give you certified copy. He said that he will get back to me in 2-3 days.I also asked him that jusdge wont get angry or anything like that he said nothing to worry. I asked him that it shouldn't put any bad impression. he said no because your case is already closed.

What do you think about this.Is it pretty normal thing. Can this act effect me any side.

Regards

[CdwJava]

Sounds reasonable to me.

- Carl