In a published decision, the First Circuit addressed whether a non-citizen could meet his burden of proof to establish eligibility for relief with an inconclusive record of conviction. Peralta Sauceda was convicted under an assault statute in Maine with two prongs. One of these prongs would qualify as a crime of domestic violence - rendering Peralta Sauceda ineligible for cancellation of removal for non-lawful permanent residents - while the other would not. However, the records available did not specify under which prong he had been convicted, and he was unable to obtain any additional records from the criminal court. As such, the First Circuit found that he had not met his burden to prove his eligibility for cancellation of removal for non-lawful permanent residents.
The full text of Peralta Sauceda v. Lynch can be found here: http://media.ca1.uscourts.gov/pdf.opinions/14-2042P-01A.pdf