Regarding the Clean Criminal Document from the FBI

I was arrested in 1996 for a class B misdemeanor. I received 6 months of deferred adjudication and the case was dismissed. Will this prevent me from acquiring a JFRV and/or ARC? Do the NIA and BOCA use the same guidelines as to how they make the decision on the issuance of visas?

My understanding is that if the case was dismissed, it will have no bearing on your application. Also, it is over 5 years old so, again, to my understanding, it wouldn’t count anyway. My guess is that it won’t even show up on a home records check.

Thank you for the response. Having read the “Alien Entry Prohibition Operation Directions” on the NIA webpage, It clearly states

" Having a criminal record in a foreign country, the foreign national shall be banned from entry for five years from the day following conviction…"

That being said, on the BOCA webpage under “Visa Statute”, it states

" The Ministry of Foreign Affairs and ROC overseas missions may refuse to issue visas to a foreign passport holder who:

  1. has a criminal record within or outside the ROC…"

I have done a preliminary FBI background check on myself. The arrest is there. It also shows the case as dismissed.

I admit to having a slight case of nerves. This move is a big step. I am still slightly shell shocked from dealing with the USCIS.

Once again, I appreciate your response.

If you checked and it was dismissed, why are you worried? Just show it was dismissed. Where do you live? If a big city like Taipei, you shouldn’t have a problem. Actually, I had a DWI years ago and it was like yours; it went dismissed and didn’t show up on the NCIC report from the U.S. Just go put it in front of their noses prepared to give an explanation. What do you have to lose?