Urgent Q, please help!!!

S

s_jojo

Registered Users (C)
Hi,

I am working with an attorney from my new employer to do a H1B transfer. He sent me a questionaire, which includes the following question:

Have you ever been arrested, charged, indicted, convicted, fined or imprisoned for any criminal offense, excluding traffic violations?

I was arrested before but my case was dropped and expunged without any conviction. I wonder whether I can answer "No" here because I don't want to expose this matter to my new employer. My questions are:

1. Is this one of the questions on the official CIS H1B transfer form or it is just for the anttorney to keep for record? (I know this is one of the questions on 485 but I don't intend to do GC application with my new employer at all.)
2. Does CIS check a person's criminal records with FBI for the H1B application at all?

Thanks a ton.
 
Employers can and do check criminal background of their employees. If you conceal an arrest and they find out, no matter what happened later, you are guaranteed to get fired.
You should answer the questionaire truthfully. I think it is only for the employer and not for USCIS.
 
My case was expunged, which means my employer will not see my record even they do a background check. This is the purpose of the whole record expungement. My case was a mistake made by the policeman. They arrested the wrong person.
 
classy said:
I would just simply write down 'NO'. If they find out any record, then explain.
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I would not advice you to say no. This will amount to lieying and a lie can land you in trouble in ways you cannot even imagine, especially in immigration matters. Since your case was expunged, and as you said wrong person was arrested, write the truth. Explain that your case was expunged etc etc., with any proof you have (police letter erc.).
 
You need to put yes and explain the situation. I had a physician friend who lied because he was proven not guilty, however the hospital removed his privileges due to lying on the application...

First you may also want to consult your personal lawyer before taking advice from folks like us.
 
Expunged!

Have you ever been arrested, charged, indicted, convicted, fined or imprisoned for any criminal offense, excluding traffic violations?

As I understand this - If you are positive that charges are expunged - so that'd mean there's no way for anyone to see those records. It'd be safe to say "NO". Especially, if this has court's ordered it to be expunged. Cuz if you do write that you were arrested that opens another chapter in their mind.



Just my two cents..

Cheers!
Currys.
 
s_jojo said:
My case was expunged, which means my employer will not see my record even they do a background check. This is the purpose of the whole record expungement. My case was a mistake made by the policeman. They arrested the wrong person.
Click to expand...
That is not what you are being asked. The question is whether you were EVER arrested, no matter what happened subsequently. You should answer YES and add an explanation.
 
honest advice

say no

get the paper from court stating that it was expunged.

Anything comes show the paper.

Getting arrested does not mean that you did a crime. In your case definitely no.

Abid32
 
Expungement

Expungement means that the arrest records will not be avialable for public discolsure ( for eg when you do background check for private job , it wont be disclosed) . But records are never exungment for national security ( eg INS, military), government jobs , jobs in school .

So answering NO to your arrest depends who will get the form( you employer or US governemnt?).
 
It is legal to say "No"

It is legal in the USA to say "NO" for all non-immigration purposes if an arrest is expunged by a district judge.

Please do not quote me on this & consult an attorney.
 
abid32 said:
say no

get the paper from court stating that it was expunged.

Anything comes show the paper.

Getting arrested does not mean that you did a crime. In your case definitely no.

Abid32
Click to expand...

The question "have you ever arrested" has nothing to do with crime. It's just a simple question whether the person was ever arrested or not - wrongly or rightly. Expungment eliminates the record regarding the arrest, however it does not undo the incident of arrest. So for that question, answer should be always be YES. Keeping expungment record handy would help to explain the arrest if required (in case any interview regarding this issue).
 
False-arrests are not uncommon and occur due to several reasons including mistaken identity.
If the records are expunged, you can say NO as long as you are not applying for job at hospital, govt or military.
 
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