We know that right now, many immigrants are feeling anxious. With increasing fears around law enforcement and immigration enforcement, the idea of walking into a police station or courthouse can be overwhelming—especially if you’re undocumented or in the middle of an immigration case.
However, some of these government records are essential to your case. Whether you’re applying for a green card, U visa, DACA, or other form of immigration relief, your attorney or legal advocate might ask you for documents like:
- Police reports
- Court dispositions
- FBI background checks
- State criminal history records
Thankfully, just because you have something on your record does not mean it will automatically hurt your case. Sometimes, having a full and accurate picture can even protect you from surprises that might hurt your application down the road. If you’re worried about how to get these records safely, you’re not alone. In this blog, we will walk through what’s usually needed and how to request them while keeping yourself safe.
Talk to Your Attorney or Legal Advocate
First and foremost, remember that you do not have to go through this process alone. If you’re working with an immigration attorney or nonprofit legal services provider, start there. Talk to them before you try to get any records on your own. They may be able to request the records for you, provide a letter explaining why you need them, or tell you exactly what to ask for. In some cases, they can even go with you or request the documents on your behalf. Don’t hesitate to lean on them—they’re there to support you.
Getting Police Reports or Court Records
If you had contact with law enforcement in the past, even if charges were dropped, immigration officials may want documentation. If you need police or court records because of a past incident, there are a few things to keep in mind. Often, the police report can be obtained directly from the department that handled your case, and court records can usually be found at the courthouse where your case was heard.Â
Many offices now allow you to request these records by mail, online, or by email—so calling ahead is a good first step. If you do have to go in person, try to bring a letter from your attorney, and consider going with a trusted friend or advocate. It’s also helpful to remain calm and courteous, and remember that you have a legal right to request your own records. You do not have to answer any questions about your immigration status.
Getting Your FBI Background Check
Some immigration cases require a nationwide FBI background check. This can feel intimidating, but the process is pretty straightforward. You don’t have to go to a police station—you can get your fingerprints taken at a private fingerprinting service and then send them to the FBI by mail or through an approved company called a “channeler.” It usually costs around $18, and your results will be sent back to you by mail or email. This is one of the most comprehensive ways to see what’s on your record, especially if you’ve lived in multiple states.
Getting Your State Criminal History
In some situations, you may also need a state background check for your immigration benefits. Every state has its own process, but most allow you to request your record through the state police or department of justice. To best figure out the requirements in your state, search “[your state] criminal background check” or visit the state police or justice department website.
Many of these records can be requested online or through the mail, and just like with the FBI check, fingerprinting can often be done at a private location, not a police station.
Know Your Rights
Regardless of what records you are trying to obtain or where you are getting them from, it’s important to know your rights. You have the right to request records about yourself. You do not have to disclose your immigration status to get access to public documents, and you should never be questioned about your status when requesting records. If you feel unsafe at any point, speak to your legal representative before taking further steps.
If You’re Afraid to Go in Person
If going in person is just too stressful or feels unsafe, there are still options. Ask your attorney if they can make the request for you, or if they know of any community advocates who can go with you. Some nonprofit organizations have trained staff or volunteers who can accompany immigrants to these kinds of appointments. And since the COVID-19 pandemic, more agencies have started offering remote options like mail-in or online requests.
You’re Not Alone
We understand this is a scary time. But getting your records is often an important step toward protecting your future and gaining immigration status. Taking this step now—safely and smartly—can make a big difference.
If you have questions, we’re here to help. Call our office or schedule a consultation so we can walk through the process together.