[Mark_K]

I'm sure this is very unique, but I am still hoping for some advice, or someone to tell me it will all be okay.

Let me explain, and I am sorry this will be long! Shortly after we married, my wife (about 22 at the time), was working in the cash office of a major retailer which everyone will recognize.

Apparently, someone was forging checks and taking cash out of the till in it's place. Of course the checks bounced. The total came to about 7K. Without getting into too many details, the loss prevention people pointed the finger at my wife, with little to no evidence other than she was the primary worker in that office (but not the only one)

Most folks don't know something. It is VERY easy to have someone arrested. All they did was call the DA, told them they wanted to press charges, and they sent an officer down to arrest my wife.

They charged her with felony theft and forgery. She was TOTALLY innocent, and knew absoueltely nothing about it. The DA offered her an easy deal right away. Plead guilty get deferred adjucidation, and the record would be expunged if she had no further problems. Since she didn't do anything wrong she refused this offer again and again. This dragged on for over 2.5 years. We spent over 40K in attorney fees which we had to borrow from a number of relatives.

Part of those fees were used to launch our own investigation. We then deduced who actually stole the money (an asst mgr). Heck, we asked to see the time cards, and she wasn't even in the office on the days the checks were written. How much of a shoddy investigation do you think these people did? Said person quit shortly after her arrest and moved to Seattle from Houston.

The whole sordid affair ended shortly after we filed a massive civil lawsuit against the company for false arrest, false imprisonment, etc. They agreed to drop all charges in return for us dropping our civil suit. Although we strongly believed a jury would find her totally innocent, you just never know. Our plan was to get a not guilty, and sue them for every penny they had. But, look at some jury verdicts in the past. Given that our financial resources were totally drained, and the uncertainty of the jury, we agreed to drop our lawsuit. All charges were dropped and we went on about our lives....until now.

We looked at some sights for international adoption, and some said no felony record. Good we thought, she doesn't have a record. She wasn't found guitly, and never spent time in prison. To me, that is the defination of a felony record. However, when we brought this issue up to our agency's for Russia and China, they both thought this was a very major issue and is very likely to preclude us from adodpting. They said most countries just see a felony arrest and automatically eliminate you. Just because you are arrested doesn't make you guilty.

They want us to get a record of the disposition, which we are doing. Both said a not guilty would be better than a dismissal, which makes no sense to me. A dismissal usually means the case wasn't strong enough to even reach a jury. In addition, this was over 15 years ago. Both our records are absoueltey spotless both before and after that....other than that. I don't even think she has a parking ticket. This woman is the most honest person I have even known in my life. She won't even cheat in a board game.

We can get the paperwork for the civil suit. I don't think many criminals sue after an arrest. We can get numerous people to send letters of reference on her integrity and honesty. I don't know what else to do. I am open to suggestions.

We are just beside ourselves today. We have been crying all morning and all last night. I don't know what to do or where to turn. She was just told she cannot have children for sure after years of trying and will need surgery that will remove any doubt of that. Now, some incident 16 or 17 years ago that she didn't even do looks like it will crush any chance we have. We are just heart broken. I feel like my child has died, and I don't want to go on. I just wish someone in Russia or China would listen to us, but they don't know us.

I'm sure my wounds will heal over time, but I will never truly get over this if we are denied. I feel like a piece of me is missing even if I never had it, and I feel heartbroken. I may need help to recover from this. We are literally crushed and don't know where to turn. I know it's extremely unlikely to find someone in similar circumstances, but I just felt the need to share this. Laugh and the world laughs with you. Cry and you cry alone.

[waitinginnj]

I would talk with several more agencies. Some agencies are more familiar with how to handle more difficult situations than others. Some of the larger agencies may have more experience with something like this. Especially since it is an old issue and is not drug or alcohol related, seems like it should be manageable. I wouldn't rule out Russia entirely. China can be less flexible, from what I understand.

You are doing the right thing to figure out how to handle it up front and don't try to hide it the consequences then would be much w

[kretzklan]

I would also continue to explore with other agencies. I remember seeing a post from someone on another board that had an arrest for burglary from their teen years. I believe they were able to move forward with their adoption. I do not know what agency they used. I'm guessing this "arrest" comes up on fingerprint checks - if not, why would it show up in a homestudy?

[SingleMama2B]

I agree with "waitinginNJ".... Keep talking to more agency's. Get all of your paperwork (court docs, correspondences, decision(s),etc.) in order, and make many copies. Once you have spoken with different agencies, see if they will review your docs, and see if any of the regions that they work in would be o.k. with this situation.

Don't give up.... there are many agencies, and you may just have to find the right one.

Check out the US Embassy site which lists the up-to-date list of Accredited American Adoption Agency(s), and go through this list first..... International Adoption - Russia

[2Bulgarianbeauties]

Originally Posted by kretzklan

I'm guessing this "arrest" comes up on fingerprint checks - if not, why would it show up in a homestudy?

That is my question. If her record was made clean, then why is this even coming up? Is there something on the FBI clearance or the local police clearance? If those are clean, I am not sure why this would come up in a homestudy. Do arrests even after dropped charges still show up?

Kay

[MamaS]

Mark - I know some of what you are going through. Like you, I never knew that a false arrest could derail a life so badly. My daughter was living on her own and had a boyfriend who was bad news (on probation for drugs, etc.) He brought meth into her apartment and hid it high in a cabinet where my 5'1" daughter could not reach, even on a step ladder. His probation officer came looking for him (he missed two meetings) and brought sheriff's deputies. They asked my daughter if they could search HIS items, which were in HER apartment. She said yes, not knowing there was anything illegal there. The deputies found the meth and arrested HER because the apartment lease was in HER name. It took about $20,000 in legal fees and over a year before the boyfriend went to trial and pled guilty to possession. He testified in court that the drugs were his and she had no knowledge of them. The charges against her were finally dropped.
Now, five years later, she has completed nursing school and has a state certificate, but she cannot get hired in any nursing field because she has a "felony drug arrest"! We got copies of the court documents to show that the charges were dropped BECAUSE SOMEONE ELSE WAS GUILTY, but she is continually told that the "hiring policy" is no felony arrests. She is currently working as a minimum wage receptionist because all her "career" jobs are blocked by that arrest. Like you, we were told by lawyers that there is no way to expunge that record. It will be with her forever.

[2Bulgarianbeauties]

MamaS,

That is so sad. I am really sorry. And it is completely unfair. I cannot believe they cannot expunge a record. UGGHH!

[NCFamily]

I do not have any advice; but, can offer a little information.

A criminal history will show any arrest that has not been expunged, a FBI criminal history will record all felony arrests and court dispositions (i.e. charges dropped, guilty, or not guilty...guilty charges indicate the sentence/punish impossed).

An indication of the charges being dropped is usually interpreted as there was not enough evidence to preceed with a trial or to ensure conviction. In the "legal world" there is a big difference between "not guilty" and "charges dropped/dismissed".

As for the number of criminals who sued after being arrested or convicted, I think you would be astonished with the number of law suits that are filed each year for "false arrest", "false imprisonment" and other violations of the "rights"....real or imagined.

The only advice I can offer is to contact the court system where this incident occured and find out what the proceedure is to have a charge "expunged". Then start the proceedure to adopt.

All that being siad I can only imagine the shock and grief you are feeling and will pray that all works out well for you.

[Mark_K]

Originally Posted by MamaS

Mark - I know some of what you are going through. Like you, I never knew that a false arrest could derail a life so badly. My daughter was living on her own and had a boyfriend who was bad news (on probation for drugs, etc.) He brought meth into her apartment and hid it high in a cabinet where my 5'1" daughter could not reach, even on a step ladder. His probation officer came looking for him (he missed two meetings) and brought sheriff's deputies. They asked my daughter if they could search HIS items, which were in HER apartment. She said yes, not knowing there was anything illegal there. The deputies found the meth and arrested HER because the apartment lease was in HER name. It took about $20,000 in legal fees and over a year before the boyfriend went to trial and pled guilty to possession. He testified in court that the drugs were his and she had no knowledge of them. The charges against her were finally dropped.
Now, five years later, she has completed nursing school and has a state certificate, but she cannot get hired in any nursing field because she has a "felony drug arrest"! We got copies of the court documents to show that the charges were dropped BECAUSE SOMEONE ELSE WAS GUILTY, but she is continually told that the "hiring policy" is no felony arrests. She is currently working as a minimum wage receptionist because all her "career" jobs are blocked by that arrest. Like you, we were told by lawyers that there is no way to expunge that record. It will be with her forever.

I feel so bad for your daughter, and can totally relate. I'm as much as a "tough on crime" person as you will find, but I tell everyone I know - an arrest does not mean one is guilty! That's why our system of justice says innocent until proven guilty. Even if a jury finds one guilty, there are plenty of people in prison this very day found guilty that are totally innocent.

But, in both of our cases, the charges were dropped. To me, that says a lot about the veracity of the charges involved.

We just heard back from the China agency. They said there is still a chance. We need to fill out a form explaining everything, and if we also had a very favorable homestudy with a strong recomendation, that it might work, but of course the odds are against us. They don't care about us. We are just nameless faceless numbers in a big system.

We won't know anything on the Russian side for a while, so we will see how that goes.

Does anyone think calling my Congressman and explaining all of this would help. Could they call the State Dept and put in the good word so to speak?

Thanks for all the advice and well wishes all. I have at least some hope in my heart where none existed earlier today. All is not lost just yet!

[punch1]

Talk to the District Attorney's office where this occurred and ask about getting the record expunged. They have the power to do it. Be cordial and explain your situation along with the need for how fast this needs to happen. An understanding person will empathize and help you out. If that get's you no where I would drop a line to your congressman and possibly the governor. I'm not sure what the governor can do but I know they have the ability to pardon a conviction, I'm just not sure about expunging an arrest. You have to be persistent and talk to the right people and if your wife was exonerated the right people should be able to help you out.

Was the person responsibe arrested and convicted?

[amyfk]

I really dont know much on this topic or have advice, but wanted to wish you the best Mark. Keep on plugging away, something has to open up for you.
Amy K, NJ

[sak9645]

Do not assume that, because you had a record expunged, it won't show up on your USCIS clearance. Unfortunately, too many people have wound up being denied I-600A approval because they failed to disclose an arrest, assuming that if the record was expunged, it wouldn't show up.

Your best bet would be to get every piece of paper you can about the case, and look for mention of the fact that the charges against your wife were not well founded. Your best chance of getting approval on a homestudy and on an I-600A fingerprint clearance is if you disclose EVERYTHING and get as much documentation of your wife's innocence as possible.

Now, even if you manage to get homestudy and USCIS approval, you may still not be "in the clear." Some countries are finicky about arrests of all sorts. Once you get homestudy approval and a USCIS clearance, you should show everything to some placement agencies and talk about countries that may accept you, given the arrest.

Sharon

[mondk]

Hi Mark...we just adopted domestically and my hubby has a felony for forgery from like 1993 or so. What we were told was that as long as the felony didn't have anything to do with a child that we were good to go.

Now he has applied for and had interviews with probation/parole to get a pardon from the governor. It may take up to 6 months before we hear anything, but pro/parole wrote him a really good letter of recommendation.

But my hubby did commit the felony and pled guilty and it came up on his background check. He forged some checks on his grandfather's money market acct and the only way to get the money back was for the bank to prosecute him. So that is what happened. He just wasn't thinking; his first wife and step daughter had just died right before all this happened and he just was having a hard time coping.

He went to jail and then probation with never a violation...was off probation in 1999 and paid his full restitution.

We were approved in our homestudy to adopt despite his felony. We were very honest and even told my son's birthmom about it...thankfully, she didn't hold it against us and placed her baby with us.

Sorry this is so long....but I do say, where there's a will, there's a way...good luck to you!

Blessings, Michelle

[mmarshall79]

Well, I didn't think I'd have much to contribute to this topic until I mentioned the posts here to my fiancee over dinner last night. The conversation was pretty predictable as we discussed how unfair it was for people who were not convicted to have to deal with such hurdles and then....he tells me this little gem: Apparently, when he was about 16 or 17 he went hunting in Kansas (where is originally from) with a bunch of his buddies and they had guns in the truck one of which didn't have the proper permit. They were pulled over and because he was driving and one of the guns did not have a permit he was arrested. There were never any charges but he thinks this was felony arrest since technically the gun was concealed?

So here is my question. Would this still show up since he was under 18 and technically a juvenille? Any advice would be greatly appreciated.

The whole thing is just so ridiculous since he's never even killed anything. He just went because that's what all his buddies were doing. As he put it, the only way he would shoot a deer is if it pulled a knife on him . I'm hoping that even if it does show up the fact that he's not exactly wild Bill (he's a Post-Doctoral Fellow at Harvard) would help our case. Oh the things you find out when your about to marry someone!

[Mark_K]

Originally Posted by punch1

Talk to the District Attorney's office where this occurred and ask about getting the record expunged. They have the power to do it. Be cordial and explain your situation along with the need for how fast this needs to happen. An understanding person will empathize and help you out. If that get's you no where I would drop a line to your congressman and possibly the governor. I'm not sure what the governor can do but I know they have the ability to pardon a conviction, I'm just not sure about expunging an arrest. You have to be persistent and talk to the right people and if your wife was exonerated the right people should be able to help you out.

Was the person responsibe arrested and convicted?

No, the person was never arrested. He moved to Seattle. The company didn't want to admit their error or have someone else arrested, as that would have totally opened them up to a large civil award for my wife.

The only reason we dropped our civil suit was we were plum out of financial resources. We were still pretty young, just starting out with a new home, etc. We borrowed about 40K from various relatives, and they were simply tapped out. The company and the DA kept dragging their feet, hoping to "run out the clock" and make her eventually plead guilty. A lot of people don't realize it, but if you don't have money you are screwed. A lot of people plead guilty that aren't just because they cannot afford to keep fighting. We really wanted to keep fighting but we just counldn't, so when they offered to drop the charges in exchange for us dropping our civil lawsuit we did it. It was a nightmare that lasted for 3 years. Every time we thought we were going to trial, they would find some reason to delay it. It's a tactic that DA's can use to squeeze you into making a deal. DA's aren't about "justice" or finding the truth, they are about getting another notch on their belt. Sorry to rant, but I have become very bitter about our so-called "justice system".

Thanks to all for the kind words, advice, and encourgement. I have read each and every piece of advice and everything that was said, and I have taken each word to heart. Thank you all sooo much!