YES or NO on DS-160 on the question of arrest record?

[NinjaWarrior 0]

Hi,

I pleaded GUILTY to a C class Misdemeanor in 2005. The actual charge was a A class Misdemeanor of Poss of a gambling device which was reduced to a C Class Misdemeanor. I pleaded guilty because my lawyer told me that C Class Misdemeanor has no impact and is like a parking ticket. However I got this case opened again in 2011 and got all the charges dismissed and the record expunged in the state of TEXAS in 2012. Recently, Feb 20013 I got back ground checks(sent finger prints) done on myself by FBI, State Of Texas and State of Virginia(live here) and they all came back stating that NO ARREST RECORD was found. My question is since the BK checks came all Negative, can I say NO to the question on DS-160.

By saying YES, am I not shooting myself in foot cause I have to explain to the visa officer what happened?

The whole point of expungement was to avoid the embarrassing question/answer session that follow when you say you are arrested. Expungement legally means that a person can deny that they were ever arrested? Isn't it? Then why should I say that I was ever arrested when there is no record of it.

I called up the state of Texas DPS and FBI and they said the same thing, there are absolutely no records to any arrest.

So my question is, why should I say YES in DS-160 when I am legally entitled to say NO every where else? Please advise.

Thanks.

[NigeriaorBust 4,087]

The question asked if you have been arrested. The expurgement does not mean you where not arrested. Lying to immigration earns you a life time ban. If at any time they find the lie you lose any thing immigration rights. They will check deeper if you ever apply for citizenship.

[arpatel 16]

I am in the same situation. 

 

I saw your post regarding mentioning Class C misdemeanor on DS160.  I am in the same boat. I am in the US on H1b visa and want to schedule India Embassy interview for Visa stamping. I am filing DS160 for it and have the same question for you. Did you mentioned  "Yes" on DS160 on the question where it asks Did you ever convicted or Arrested ?  I want to know what you mentioned in the answer of that question ? During the time of interview the Visa Officer ask about the conviction ? Did they approve your visa ?

 

Thanks in Advance

[P0907 127]

@arpatel Don't lie on your application.