Q: When applying for a K1 visa, do I need to list an arrest that led to juvenile diversion and has since been expunged?
I am trying to file for a K1 visa. It states that I need certified copies of police and court records of any offense I was arrested for. When I was a teenager I was arrested for petty theft. I was put into juvenile diversion and did not have to appear in front of a court. The records have been expunged for 15 years. Do I need to add this to the K1 visa? If so, how can I locate the records I would need? Thank you for your time!
A: Yes, you do. You can ask the Court where you were convicted for your Records of Conviction, expungement, etc.
Yanky Perelmuter agrees with this answer
A: In general, juvenile records are not convictions. Any time you are asked if you’ve been arrested or detained, you’d have to say yes; however, in response to the question: “Have you ever been convicted?” you could say no.
The statute controlling this question provides for an exception in cases when an individual committed an offense like this before the age of 18, as long as more than 5 years has passed between the time the case was closed and the time the individual is filing an application for a visa.
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