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Expunged disorderly conduct and H1b Transfer

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  • Expunged disorderly conduct and H1b Transfer

    I was arrested in 2013 in New York after having a fight with my friend outside his apartment. The friend accused me of being physical and my lawyer told me that the best option would be to plea guilty for disorderly conduct charge and I was stupid and scared at that time and I agreed to it. I was worried about my visa status as I was on F-1 at that time. I paid a fine and got a restraining order and never spoke to the lawyer or the friend again.

    I changed my school after a few months and went to Mexico to get my visa stamped with new I-20. The officers at border did ask me if I was arrested and I said yes, they did not say anything else and stamped my visa.

    After a couple of years (2015) I also traveled to India on F-1 visa and again was stopped at airport by immigration officer who took me to the separate room and made me wait for a long time where a different officer asked me if I had a restraining order and I said yes, he then said the case is expunged so you can go an I was allowed to enter. The officer was very nice and said that unfortunately the arrest will always show up when entering the country but it should not be a problem since the case is expunged.

    Now, from my research I know that even expunged records always show up with DHS and FBI background checks. I want to know if I should answer yes to the arrest question asked by my new employer/their attorney. I believe that this question is not asked on DS-160 or on I-129 form. I could be wrong.

    Am I legally allowed to deny the arrest since it has been expunged and it was over 4 years ago. I am afraid that since this attorney is paid by my new employer that the attorney will tell the employer and I might risk losing my reputation at the new job if not the job itself. When I initially applied for H1b visa with my first employer, this question was never asked.

    Also, will this be a problem when I get my visa stamped in India? How do I handle this issue to make sure it does not affect my visa status now. I am extremely regretful that I plead guilty to the false charge and I wish I could turn back time but I have to deal with the consequences of my actions now.

    P.S: The employer/their attorney also mentioned submitting disposition if answer is yes to the arrest question and I do not have the papers with me and I am nowin a different state so I am not sure what to do. Please advice.
    Last edited by Cheshire; 02-14-2017, 04:40 PM. Reason: typo

  • #2
    Even though it was expunged you were still arrested. I didn't think they asked those types of questions on applications anymore, but if your employer asks you should answer truthfully and explain the situation. You should find out what you can do to get the record. Contact the court. Maybe they can mail it to you.
    Just my opinion... Use at your own risk...


    • #3
      H1 extention with expunged case

      Cheshire, Can you please provide the update on your case?