When applying for a family-based or marriage-based green card, the U.S. government conducts background checks on all applicants. If you’re a family member seeking a green card, you’ll need to provide details of your past interactions with law enforcement, including any arrests, charges, or convictions, from both your home country and the U.S. (Minor traffic violations are the only exception.)
This guide explains which court records and police reports you need to submit, how to get them, and what to do if you can’t obtain them. It’s important to note that police records are not the same as a police clearance certificate, which is required for family members applying for a green card from abroad.
Who Needs to Submit Their Records?
Although background checks are done on both family members, only the applicant for the green card (the family member) must submit court, police, or prison records. This applies to arrests or charges that happened when they were minors and even to cases that were later expunged (removed) from their record. The specific requirements depend on whether the applicant is applying from within the U.S. or from abroad.
What Records Do I Need to Submit?
If you’re applying from abroad: You must submit certified court and prison records for each conviction, even if you were later pardoned, granted amnesty, or received any other form of clemency. You do not need to provide records for arrests that did not lead to convictions.
The records should include:
- Details about the crime you were convicted of
- The outcome of your case, including the penalty, fine, or sentence
If you’re applying from within the U.S.: You must submit certified police and court records for any arrests, charges, or convictions—even those that happened while you were a minor or were later removed from your record.
You do not need to report or provide records for minor traffic violations unless they resulted in criminal charges, involved alcohol or drugs, or caused personal injury or property damage.
What If I Was Arrested, Charged, or Convicted?
Here’s what you need to submit based on your situation:
| If you were… | You must submit… |
| Arrested, but no criminal charges were filed | 1) Certified copy of the arrest report2) Statement from the arresting agency or court order showing the outcome |
| Charged, but not convicted | 1) Certified copy of the arrest report2) Certified copies of the indictment and the outcome |
| Convicted or placed in rehabilitation or alternative sentencing | 1) Certified copy of the arrest report2) Certified copies of the indictment, plea agreement, and case outcome3) Certified copy of probation or parole records (if applicable) |
What If My Records Are Not in English?
If your records are written in a language other than English, you must provide a certified English translation along with the original records.
Where to Get Your Records
If you’re applying from abroad: You can find information about how to get your records from your home country’s issuing authority on the U.S. Department of State’s website. Search for your country’s name, then go to the “Police, Court, Prison Records” tab for instructions, fees, and procedures.
If you’re applying from the U.S.: You can usually get court records directly from the court where your case was heard. Police records are generally available from the local police department that handles your case.
Other options include:
- County authorities: County courthouse, Sheriff’s department
- State authorities: Department of Public Safety, Police Department, Bureau of Investigation
What If I Can’t Get My Records?
If you’re applying from abroad and cannot get certified copies of your court or prison records, you must provide a notarized affidavit explaining why the documents are not available. If the country’s guidelines say the records are “unavailable,” you do not need to submit them.
If you’re applying from within the U.S. and cannot obtain your records, you need to submit:
- A notarized affidavit explaining why the documents aren’t available
- A certificate from the issuing agency (if possible) explaining why the records are missing
- Any other available evidence describing the incident and the outcome
If no other evidence is available, you must provide at least two additional notarized affidavits from people who personally know the details of the incident.
