QUESTION

Will the incident show up me even though I had no possession, never been arrested or cited and the only record is my name in a police incident report?

Asked on Nov 28th, 2016 on Immigration - California
More details to this question:
Years ago, I was an international student in the US and I was in a car with an American student as passenger. He got stopped and arrested by the local police for DUI and I was a passenger. We both admitted that we shared a marijuana cigarette 30 minutes before the incident. The driver was put under arrest for DUI. The cop searched us and then told me that I was not under arrest, or neither cited and he said that I am free to go. He did take my name and DOB. He told that me he needs them for the police report. He did include my name in the DUI police narrative incident report. Now that I am married and I’m outside the US, my wife filled I-130 petition for me and they are going to do a background and name check on me.
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1 ANSWER

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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I am assuming that you were never fingerprinted and booked, and was released at the scene of the police stop. If you were never arrested or cited, the chances of anything being found are slim. Your name on a police report, most likely as a witness or party at the scene of the stop and investigation, most likely will not be found on a background check.
Answered on Jan 17th, 2017 at 7:06 AM

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