Background check vs. certified court record, the documents to request, and how to find a case when you do not remember the court or case number
Quick answer
Immigration needs to know how every arrest or charge ended, and only the court can prove that. USCIS asks for an original or court-certified copy of the arrest record and final disposition for each incident, or a certified statement from the court that no record exists. That applies even if the case was dismissed, sealed, or expunged. A background check, police report, or website printout is not a certified court record.
If you were ever arrested, even once, even 20 years ago, even if the case was dismissed, immigration is going to ask about it. And a background check will not be enough. What USCIS and the National Visa Center want is a certified court record.
Download the free 2-page handout: the documents to request, a 4-step search for old cases, and a checklist to bring to the clerk.
Is a background check the same as a court record?
No. A background check, like an FBI Identity History Summary or a state criminal record, shows that something happened: an arrest, a charge, an agency, a date. It often does not show how the case ended. A police report describes the arrest, not the outcome. A certified court record comes from the court itself and shows the final result. Immigration decisions turn on that result.
Applying inside the United States (USCIS). The instructions for applications such as Form I-485 and Form N-400 ask for an original or court-certified copy of the arrest record and disposition for each incident, unless you provide a certified statement from the court that no record exists. The same instructions say this applies even if your records were sealed, expunged, or otherwise cleared.
Applying for an immigrant visa (National Visa Center). The Department of State asks applicants who were convicted of a crime for a certified copy of each court record and any prison record, even if they later received a pardon, amnesty, or other clemency. You must still disclose every arrest on the DS-260, so talk to an attorney about which records to bring to the interview.
What does “certified” mean?
A certified copy is one the clerk of the court marks with the court’s stamp or seal and signs, confirming it is a true copy of the court’s record. That is why a printout from a court website, or a screenshot of an online docket, gets rejected. Anyone can print a web page. Only the clerk can certify it. Ask for certified copies every time, and keep the originals together in one folder.
Which court documents should I request?
| Document | What it shows | When you need it |
|---|---|---|
| Certified docket (docket sheet, case history) | Every event in the case, from first charge to final result | Always |
| Complaint or charging document (indictment, information) | The exact charges and statutes | Always |
| Disposition | How each charge ended: dismissed, not guilty, guilty, CWOF, deferred, nolle prosequi | Always |
| Sentencing record / judgment | Jail, probation, fines, conditions | If there was any sentence or penalty |
| Proof probation ended | That probation was completed or terminated | If you were on probation |
| Plea colloquy (transcript or recording) | What you admitted when you entered a plea | When your attorney needs to analyze the plea |
| Sealing, expungement, or vacatur order | That the record was sealed, expunged, or vacated, and why | If any of these happened |
Can a dismissed case still count as a conviction?
Sometimes, yes. Immigration law uses its own definition of “conviction” in INA section 101(a)(48)(A). Even when a court withholds a formal finding of guilt, it can count as a conviction for immigration if you pleaded guilty or no contest, or admitted facts sufficient to find you guilty, and the judge imposed some form of punishment, penalty, or restraint, such as probation or a fine.
That is why outcomes that sound like nothing happened deserve a careful look:
- Continuance without a finding (CWOF), Massachusetts. Usually involves an admission to sufficient facts and conditions such as probation, so it may count as a conviction for immigration even after the case is dismissed.
- Deferred adjudication. Used in many states. If it involved a guilty plea or admission plus a penalty, it may count.
- Pretrial diversion. If no admission or finding of guilt was required, it may not count. The paperwork decides.
- Nolle prosequi. The prosecutor dropped the charge. Generally not a conviction.
- Juvenile delinquency adjudication. Generally not a conviction for immigration, unless the person was tried as an adult. It must still be disclosed where the form asks.
- Expunged or vacated convictions. A conviction erased for rehabilitation or to avoid immigration consequences generally still counts. One vacated because of a legal defect in the case generally does not.
The only way to know which one you have is the certified record. Get it before you file, not after, and have an immigration attorney read it.
How do I find my case if I do not remember the court or case number?
Step 1: Search a statewide court portal. Many states have one. In Massachusetts it is MassCourts, although most criminal cases there can only be searched by docket number, so you may need Step 2 first.
Step 2: Request your own state criminal record. Most states let you request your own record from the state criminal records agency. In Massachusetts it is your CORI. It often lists the court and docket number.
Step 3: Request your FBI Identity History Summary. It costs $18 and lists arrests reported to the FBI with fingerprints, including the arresting agency and the date. The disposition is often missing, which is exactly why you still need the court record. You can request it online through the FBI.
Step 4: Contact the clerk’s office. Once you know the court, call or visit the criminal clerk’s office and ask for certified copies of the documents in the table above. Bring ID, your date of birth, every name you have used, and the approximate arrest date. Ask about fees, how long it takes, and whether they can mail the copies.
Federal cases and PACER
Federal criminal cases are searchable on PACER, the federal courts’ online records system. Access costs $0.10 per page, capped at $3 per document, and fees are waived for any quarter in which you owe $30 or less. PACER copies are not certified. Request certified copies from the clerk of the federal district court that handled the case; the federal certification fee is currently $12 per document. Very old federal files may be stored at a Federal Records Center, which adds a retrieval fee and time.
If the court destroyed or cannot find the file
Courts do destroy old files under their retention schedules. Ask the clerk for a certified letter, on court letterhead, stating that the record no longer exists or cannot be located. USCIS instructions accept a certified statement from the court that no record exists. Keep the envelope and any receipts showing when you asked.
Bring the 4-step search and the request checklist with you to the clerk. Download the free printable handout.
Do I have to disclose a dismissed, sealed, expunged, or juvenile case?
For USCIS forms, yes. The criminal history questions on forms such as the I-485 and N-400 ask about arrests and charges even if the records were sealed, expunged, or otherwise cleared, and even if someone, including a judge, a police officer, or a lawyer, told you that you no longer have a record. State sealing laws that let you say “no record” on a job application do not apply to federal immigration forms.
USCIS runs your fingerprints through the FBI, and an old arrest can appear even when the court file is sealed. Leaving it off the form can create a separate and more serious problem: a finding that you misrepresented your history.
For a sealed or juvenile case, you may need a court order to get copies. At minimum, ask for a certified copy of the sealing or expungement order, or a certified statement from the court. An attorney can help you request access the right way.
Before you send your court records: checklist
- Every arrest, citation, or charge is covered, not just convictions.
- Each record is certified by the clerk, with a seal or stamp and signature.
- You have the docket, the charging document, and the final disposition for each case.
- Sentencing records and proof probation ended are included where they apply.
- Sealing, expungement, or vacatur orders are included where they apply.
- A certified “no record” letter is included for any file that no longer exists.
- Every name you have used was searched, including maiden names and spelling variations.
- An immigration attorney has reviewed the records before you file.
The most common mistakes
- Sending a background check or FBI summary instead of a certified court disposition
- Sending an online printout or screenshot of a docket
- Leaving off a dismissed, sealed, expunged, or juvenile case
- Assuming a CWOF or deferred adjudication is “not a conviction” without an attorney reviewing it
- Forgetting cases filed under a different name or spelling
- Waiting until the interview notice arrives to start requesting records
When should I talk to an immigration attorney first?
If you have any arrest, charge, or conviction in your past, talk to an immigration attorney before you file anything. The same record can mean very different things depending on the statute, the plea, the sentence, and the immigration benefit you are seeking. It is far easier to plan around a record before filing than to explain it after.
Botelho Law Group offers a free consultation. Call 508-500-1551 or schedule online at botelholawgroup.com/lets-connect. We help clients anywhere in the United States with USCIS and National Visa Center filings, and represent clients in the Boston and Chelmsford Immigration Courts, in English, Spanish, and Portuguese. Our office is at 901 Eastern Ave, Suite 2, Fall River, MA 02723.
Protect your case from notario fraud
In the United States, a notary public is not a lawyer and cannot give legal advice. Only a licensed attorney or a representative accredited by the U.S. Department of Justice may give you immigration legal advice. A friend, a family member, or a notario should never decide whether your record “matters.”
Frequently asked questions
Is a background check enough for USCIS?
No. A background check shows an arrest happened. USCIS asks for an original or court-certified copy of the arrest record and final disposition for each incident, or a certified statement from the court that no record exists.
What is a certified court disposition?
A copy of the court record showing how a case ended, stamped or sealed and signed by the court clerk to confirm it is a true copy.
Why was my online court printout rejected?
A website printout is not certified. Only the clerk of the court can certify a copy of the court’s record.
Do I have to disclose a dismissed or expunged arrest on my green card or citizenship application?
Yes. USCIS forms ask about arrests and charges even if records were sealed, expunged, or otherwise cleared, and even if someone told you that you no longer have a record.
Is a CWOF a conviction for immigration?
It may be. A CWOF usually involves an admission to sufficient facts and conditions such as probation, which can meet the immigration definition of conviction even after dismissal. An attorney should review the record.
Are juvenile cases convictions for immigration?
A juvenile delinquency adjudication is generally not a conviction for immigration purposes, unless the person was tried as an adult. You should still disclose it where the form asks and provide available records.
How do I find an old case if I do not know the court or case number?
Search your state’s court portal, request your own state criminal record, and request your FBI Identity History Summary. These usually point you to the court, and the clerk can then certify the records.
How do I get federal court records?
Search PACER for the case, then ask the clerk of that federal district court for certified copies. PACER printouts are not certified.
What if the court destroyed my old file?
Ask the clerk for a certified letter stating the record no longer exists or cannot be found. USCIS instructions accept a certified statement from the court that no record exists.
Do NVC applicants need records for arrests that did not lead to a conviction?
The State Department’s document rule targets convictions, but you must disclose every arrest on the DS-260 and the consular officer may ask about any of them. Talk to an attorney about which records to bring.
Official sources
- USCIS: Form I-485 and instructions
- USCIS: Form N-400 and instructions
- USCIS Policy Manual, Vol. 12, Part F, Ch. 2: Adjudicative Factors
- U.S. Department of State: Collect civil documents (court and prison records)
- FBI: Identity History Summary Checks
- PACER: Pricing and how fees work
- Massachusetts Trial Court: Types of cases available to the public online
Before you call the courthouse, download the free printable handout and keep it with your paperwork.
Attorney Advertising. General information only, not legal advice. Reading this article or watching the video does not create an attorney-client relationship. Immigration law and policy change frequently, court procedures vary by state and county, and every situation is different; consult a licensed attorney about your own circumstances. Prior results do not guarantee a similar outcome. Procedures verified September 2026.