How do we subpoena criminal records from FBI, DHS, national databases?

[Macrobionic]

Hi,

My wife and I are in New York. She is in the middle of custody and order of protection proceedings with a very abusive ex. He is Canadian, has a criminal record in the US, and can't enter the US without a waiver from the Department of Homeland Security. We have had private investigators search the available public US and Canadian criminal databases, but have come up with nothing. He told my wife he assaulted a cop, but apparently told his attorney he had stolen a bicycle. We have some information indicating he has an FBI file. My questions:

1. Does anyone have any advice on how to subpoena Homeland Security and get a look in his file - I suspect it would be Customs & Border Protection division? Is there any particular way to word a subpoena to ensure that it's granted? Has anyone out there been successful with this?

2. Ditto for the FBI. Any advice on how to subpoena, what to ask for, how to word the request?

3. As for his "regular" criminal record, I think we just request a rap sheet from the court. Any ideas what this covers in NY and how we can get additional criminal records if nothing is in the records available to the court?

Thanks.

 

[Silverplum]

We prefer the actual party post herself, and we prefer questions kept to one thread.

https://forum.freeadvice.com/domestic-violence-abuse-38/how-do-we-subpoena-canadian-criminal-records-601663.html

Hi,

My wife and I are in New York. She is in the middle of custody and order of protection proceedings with a very abusive ex. He is Canadian, has a criminal record in the US, and can't enter the US without a waiver from the Department of Homeland Security. We have had private investigators search the available public US and Canadian criminal databases, but have come up with nothing. He told my wife he assaulted a cop, but apparently told his attorney he had stolen a bicycle. We have some information indicating he has an FBI file. My questions:

1. Does anyone have any advice on how to subpoena Homeland Security and get a look in his file - I suspect it would be Customs & Border Protection division? Is there any particular way to word a subpoena to ensure that it's granted? Has anyone out there been successful with this?

2. Ditto for the FBI. Any advice on how to subpoena, what to ask for, how to word the request?

3. As for his "regular" criminal record, I think we just request a rap sheet from the court. Any ideas what this covers in NY and how we can get additional criminal records if nothing is in the records available to the court?

Thanks.

 

[LdiJ]

We prefer the actual party post herself, and we prefer questions kept to one thread.

https://forum.freeadvice.com/domestic-violence-abuse-38/how-do-we-subpoena-canadian-criminal-records-601663.html

Also, when you have your wife sign up to post herself, please have her explain to us why there is any custody or restraining order actions going on if her ex husband cannot enter the US. The issues would appear to be moot at this point.

 

[Proserpina]

Hi,

My wife and I are in New York. She is in the middle of custody and order of protection proceedings with a very abusive ex. He is Canadian, has a criminal record in the US, and can't enter the US without a waiver from the Department of Homeland Security. We have had private investigators search the available public US and Canadian criminal databases, but have come up with nothing. He told my wife he assaulted a cop, but apparently told his attorney he had stolen a bicycle. We have some information indicating he has an FBI file. My questions:

1. Does anyone have any advice on how to subpoena Homeland Security and get a look in his file - I suspect it would be Customs & Border Protection division? Is there any particular way to word a subpoena to ensure that it's granted? Has anyone out there been successful with this?

2. Ditto for the FBI. Any advice on how to subpoena, what to ask for, how to word the request?

3. As for his "regular" criminal record, I think we just request a rap sheet from the court. Any ideas what this covers in NY and how we can get additional criminal records if nothing is in the records available to the court?

Thanks.

What is the point of the inquiry?

What does Mom hope to gain here?

 

[Proserpina]

What is the point of the inquiry?

What does Mom hope to gain here?

Argh...sorry ladies, didn't see your posts.

 

[Macrobionic]

Also, when you have your wife sign up to post herself, please have her explain to us why there is any custody or restraining order actions going on if her ex husband cannot enter the US. The issues would appear to be moot at this point.

He got a waiver. They are very much not-moot.

 

[Silverplum]

He got a waiver. They are very much not-moot.

Someone missed half of LD's point.