Currently on F1 visa, aiming to file for OPT but arrested for public intoxication and resisting arrest in 2011 BUT not charged...

[Clarkey1988 0]

As the above states, this happened in 2011 and I was not charged and released after 19 hours. However, my finger prints were taken and anytime I go out and return to the country I get additional screening. I was wondering if because I was not charged, I will not be shown in any public records. For job applications can I tick the not arrested box because I was not charged. For immigration forms should I tick the arrested box EVEN though I was not charged and everything was dropped?

Many thanks for your help.

[Mollie09 1,543]

You were arrested, your fingerprints were taken, you were held.

For the rest of your life, if the question is "have you ever been arrested?" your answer is "yes". If the question is "have you ever been charged?" the answer is "no". Pretty simple.

If you're hoping this somehow didn't make it into "the system" you'd be sorely mistaken, and there are serious consequences for lying about things like that.

[Clarkey1988 0]

Thanks for your reply. It's just when I called he police department they said they have no records of this taking place?

[Mollie09 1,543]

Thanks for your reply. It's just when I called he police department they said they have no records of this taking place?

And you took their word for it? Clearly there are records, you state yourself you're given additional screening at POE.

Also, you can risk it and lie, but have you thought about the consequences of getting caught? Truth has a great track record of catching up to people.

[Clarkey1988 0]

I haven't lied about it before I'm just curious as someone told me after 2 years and arrest and non-conviction will be "wiped" clear and I found that hard to believe.

[Mollie09 1,543]

That's because it's not true. Even if it was, for many purposes (including all immigration purposes) you are required to disclose all arrests, even those that were "sealed" or "expunged".

Edited August 11, 2014 by F1H1I130

[Clarkey1988 0]

The state I am in (Indiana) changed the law and the arrest can be wiped clear after 5 years as long as their are no pending investigations. But yes, for immigration once your finger prints are in the system, they're their to stay.

[Hypnos 6,576]

Immigration forms explicitly make clear you must declare any arrests, detentions, convictions, or charges, even if they are later "expired", "expunged", "sealed", or any other kind of nullification performed on them.

[Mollie09 1,543]

The state I am in (Indiana) changed the law and the arrest can be wiped clear after 5 years as long as their are no pending investigations. But yes, for immigration once your finger prints are in the system, they're their to stay.

Then what are you asking about? You'll always have to disclose your arrest when asked if you've previously been arrested. Because you have. End of story.

You're in an immigration forum, so the answers you'll get here are immigration-related. For immigration purposes, that arrest is there forever, no matter what, and may cause you problems down the road. For other purposes, I guess it depends. If the question is for arrests that are in your record and haven't been "sealed" or "expunged" (which basically means they're still there, people just can't hold them against you) then I guess you can say "no", but that's on a case-by-case basis. You can never be un-arrested.

[Calicolom 266]

Every arrest goes into the FBI database,this goes back at least 50 years. Try to get a concealed wapons permit.

[fullglass 5]

Are you really asking this? First of all, why would you even try to resist the officer? Second, charged or not, there will ALWAYS be that record documenting who/what/when/where/why/etc. and yes, you have to disclose that if asked about your record.

Check your police department/sheriff's office online inquiry. Your mugshot and record for which you were taken into custody will be there, as that is public information.

Edited August 14, 2014 by fullglass