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Old 04-06-2012, 04:57 AM
 
Location: Austin, TX
719 posts, read 2,666,082 times
Reputation: 533

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Hello, city-data, may I bother you with an inquiry? Thank you in advance.

Situation: I'm going to Mexico during the weekend of my little sisters' baptism.

Background: I recently got arrested for possession of marijuana in Texas. I got into a pretrial intervention program meaning the case will be dismisses after serving a probationary sentence. I am delaying the probation until after the baptism as terms of probation often include travel restrictions.

Question: Is it likely that the border patrol will mention arrest/criminal records? I might be carpooling with my family, but if it's likely to cause a hassle or even be mentioned, I'd rather find an excuse to bus it. =x

Thanks again. Let's be courteous please and not divert this thread into anything off-topic or controversial.

Last edited by lndigo; 04-06-2012 at 05:07 AM..
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Old 04-06-2012, 07:49 AM
 
Location: CHicago, United States
6,933 posts, read 8,492,005 times
Reputation: 3510
As for going into Mexico, I don't think you have a worry. Returning to the USA is where the ICP/Border Patrol comes into play. Unless you exhibit behavior which makes the Border Patrol agent suspicious and a background check is conducted, I don't see why the matter would be raised. If it is raised, be honest. I don't believe your arrest/conviction on what's considered a minor incident is cause for a US citizen to be denied entry into the country. I'm assuming you have no other criminal record and that you're living in the USA legally.
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Old 04-06-2012, 09:36 AM
 
Location: SoCal
6,420 posts, read 11,593,176 times
Reputation: 7103
Quote:
Originally Posted by lndigo View Post
... I am delaying the probation until after the baptism as terms of probation often include travel restrictions.
... .
I've never lived in Texas, but I've never heard of the idea of "delaying" the probation. I'd always assumed you're on probation starting from the moment the judge gives you the probation. Be sure you're not already on some sort of restrictions ...
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Old 04-07-2012, 05:43 AM
 
Location: Austin, TX
719 posts, read 2,666,082 times
Reputation: 533
Thanks for the input, gomexico, it's precisely getting back to the States I'm most worried about. I am indeed a US citizen with no prior record.

Oddstray, the court system is extremely slow and bureaucratic. Delaying probation isn't so much an active procedure as it is a result of delaying paperwork and other details involved. In my particular case, I have yet to formally accept the terms that the judge has laid out (in fact, I haven't so much as been informed of the terms by the attorney I hired). At least this is my understanding, but I'll be sure to make sure of this fact before leaving the country. Thanks for the heads up.
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Old 04-07-2012, 11:49 AM
 
Location: Victoria TX
42,554 posts, read 86,948,301 times
Reputation: 36644
Since you already have an attorney, call him and ask if you would be violating any travel restrictions already established by the court.

Other than that, I doubt if Mexico has any access to any court records that would reflect a criminal background, and returning through US immigration will not be a problem unless your name turns up in the computer as a parole violator or a wanted fugitive.

How far into Mexico are you going? If your destination is in a Fronteriza city, you won't even need to report your presence to Mexican officials.

Returning to the US, the worst that can happen is that they detain you while verifying your status. Remember, at ICE, you are presumed guilty until you can prove yourself innocent.
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Old 04-07-2012, 08:19 PM
 
Location: CHicago, United States
6,933 posts, read 8,492,005 times
Reputation: 3510
Quote:
Remember, at ICE, you are presumed guilty until you can prove yourself innocent.
You're describing the Mexican legal system.
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