ds-260 Arrest Question (in France} [merged topics/edited title]

[visajourney212fra 0]

Can someone please inform me if I should put yes for the following question: 

 

Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?

 

My spouse was technically arrested in France and spent the night detained but did not go to jail.  They did get his fingerprints but it sounds like he was only detained and he did not have a conviction or anything. My spouse's lawyer in France and his friend who is a police officer said the system in France erases all arrests within a year if you are not convicted. My spouse was told to pay a fine basically.

 

I understand the question says "ever" been arrested; however, I am worried to put yes because there is not much information on the arrest that we can present if the consular officer asks for more information, and it sounds like France doesn't have a record of it anyway. 

 

My spouse's police certificate came back with nothing. Do I need to put yes? Does anyone have any insight on France? 

P.s. My spouse was never a citizen or resident of France. 

[OldUser 6,662]

The answer should be yes. Yes, your husband was detained. He wasn't convicted or jailed, but was detained.

 

He should tell the truth and present police certificate he has, otherwise it's misrepresentation.

 

What about evidence for paying the fine? Does he have it?

Edited May 18 by OldUser

[visajourney212fra 0]

1 minute ago, OldUser said:

The answer should be yes. Yes, your husband was detained. He wasn't convicted or jailed, but was detained.

 

He should tell the truth and present police certificate he has, otherwise it's misrepresentation.

Thank you for that simple and helpful explanation. Could they ask for more information on the arrest even though the police certificate doesn't show anything? Just wondering how to be prepared. 

[OldUser 6,662]

2 minutes ago, visajourney212 said:

Thank you for that simple and helpful explanation. Could they ask for more information on the arrest even though the police certificate doesn't show anything? Just wondering how to be prepared. 

Yes they can. The best evidence would be proof of paying fine.

[visajourney212fra 0]

Trying to understand the French legal system is so confusing, if anyone has any information I would greatly appreciate that. 

 

My spouse was arrested for a minor offense in France. I believe there are not any court records even- I think my wife met with the "tribunal" at a later date. There was not a "jugement" which is the paper the Visa process requires for any court records. Would you say I don't need a "court record". That's what I'm understanding. 

[TBoneTX 45,288]

A related thread has been moved to this forum and merged with the ongoing topic.  Thread title is edited for specificity.

[pushbrk 12,883]

Answer yes and indicate the offense and detained.  If there was a charge and fine, say so.  Don't expect more questions at the USCIS stage, and if the police report is clean, don't expect any issues at the Consulate level either.