Q: I was arrested I got my records clean I’m applying for a visa n it ask if I’ve been arrested so should
I got my records expunged because I was arrested 18 years ago now I’m applying for a visa and it’s asking if I’ve ever been arrested and charge
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A: If you have been arrested, then your answer must say yes. It does not matter how long ago it was or if it was expunged or not. You are able to explain the circumstances of the arrest and the fact that it was expunged. You should also explain the reason it was expunged and why it should not weigh against your petition.
Adan Vega agrees with this answer
A: Yes, you must disclose that you were arrested. Before actually applying for the visa, however, it is highly advisable that you discuss your prior arrest(s) with a competent immigration attorney. There exists a different definition for the word "conviction" under immigration law. Notwithstanding your claim that your records were expunged, it would be wise to have an immigration attorney evaluate any personal/criminal defense attorney copies of your old criminal documents that you may still have. Many immigration law firms, including mine, are offering online video or telephone consultations during this COVID-19 crisis. Consider calling one to schedule an appointment.
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