file 485 but have criminal record

[courage2007]

my 140(EB1B) is pending and I want to file 485.

I was charged with shoplifting five years ago. The judge ordered to a school and later I was released without conviction. Immediately after that, I was able to expunge my arrest record. I did a fingerpring check from FBI on myself after that, I recieved a no arrest record notice.

1) Do I have to say on my 485 that I had an criminal record?
2) Will I be rejected if I admit my record? how much is my success possibility?
3) What kind of documents related to my criminal record that I need? I already expunged my record and I have the charge and the judge order and expungement order.

I feel very bad about my mistake. I would appreciate it if anybody can give me a direction or share your experience.
Thanks a lot!!!

 

[h14life]

485 and criminal record

my 140(EB1B) is pending and I want to file 485.

I was charged with shoplifting five years ago. The judge ordered to a school and later I was released without conviction. Immediately after that, I was able to expunge my arrest record. I did a fingerpring check from FBI on myself after that, I recieved a no arrest record notice.

1) Do I have to say on my 485 that I had an criminal record?
2) Will I be rejected if I admit my record? how much is my success possibility?
3) What kind of documents related to my criminal record that I need? I already expunged my record and I have the charge and the judge order and expungement order.

I feel very bad about my mistake. I would appreciate it if anybody can give me a direction or share your experience.
Thanks a lot!!!

Hi,
I am in the same boat as you, except mine's a serious crime (DUI). Although its a 1st offense misdeameaner with less than 1 year in jail; i've heard stories where people think it's really upto the immigration officer and heard stories that a minor crime like this should not cause any problems obtaining greencard. But be prepared to be called for an interview. Some answers to your questions
1) Yes, you have to reveal that you were arrested for your criminal offense
2) Although i don't think you should worry about getting rejected. It's best to hire an attorney to accompany you to the interview.
3) For your criminal records carry "Certified" copy of your court disposition papers. You will be required to submit this when mailing your 485 application. and also carry another one with your when you are called for an interview. The expungement won't do any good, since the FBI and govt. authorities have access to your past criminal records. The expungement is only good when someone like your employer runs a background check.

My 2 cents: No need to worry. Just be prepared to disclose the truth at the time of an interview.

I would also like to open up this thread to find out if there are any other 485 candidates with criminal record and their 485 approval/rejection stories.