Plz Help: PUBLIC INTOXICATION WITH CASE DISMISSED AND EXPUNGED

[hai]

Hi,

I was arrested in April 2017 on Public Intoxication and released after 4 hours in Jail. I have hired criminal attorney and filed for case dismissal and case got dismissed in June 2017 with never pleaded gulity. Also filed for expungement and got expunged in August 2017. Now my H1B extension is due in November 2017. My company has initiated the filing process.

1. Does any one of you know with similar situation who overcome this issue?
2. Will this effect my H1 extension? Should I expect RFE?
3. Criminal attorney says I can legally deny my arrest record any where mentioned as "Have you been arrested". Is this true, can I deny it?
4. Since my case is expunged do I need to worry at this time?
5. Is expunge means all files and records related to my arrest will be deleted?
6. Will this cause any issue if I got for my H1B Visa stamping?
7. Did any one with DUI who were arrested and got struck with h1 extension or visa stamping?

Appreciate your response.

[Aakupaccha_caradu]

[katuri]

According to new u should get deported with Immidetate effect  sir ! ur lucky they did not do but if u say ur guilty ur done in this country  u will not get gc or citizen ship !!!

[Krishnat1]

 man - I been trying to reply to this post for a while, but i kept forgetting.  Honestly you have nothing to worry about. You will get your Green Card and Citizenship. Don't listen to idiots discouraging you. Since this case was dismissed and expunged. You need to note a couple of things.

- USCIS are leanient towards certain CIMT (Crime Involving Moral Turpitude) cases - moreover you were found not guilty and the case was expunged. So don't worry.

- There are soo many Public and Private Databases of public records, none of them remove expunged case details. There are law firms, that offer you a service to do this. Get that done, ASAP!! If you decide not to do this, then remember - your case details will show up in Background checks for Loans, Rental and Job - they might take a decision against you based on false information. You will have to fight them for it, every-time. So save yourself some headache - hire a lawyer to remove false information from Public and Private Databases.

- All Circuit Courts issues Triple Sealed Certified copy of the Final Order. Go and get 10 copies for the CASE DISMISSED and EXPUNGEMENT ORDERS. They have a Certified copy, but ask for Triple Sealed Certified Copy. You will need to so many times in the future  to prove your innocence.

- At Port of Entry - you will be subjected to SECONDARY INSPECTION for next 11 years. So caring these Triple Sealed Certified copy will you clear this inspection. If you take Certified Copies only, then they will have to call the Court and Verify the Document - which means you may need to spend hours in the Airport Inspection Area.

- When you go for Visa Interviews - in the Application forms - always answer YES to the question regarding Arrest. In the comments - mention you were found NOT GUILT and the case was EXPUNGED. Show the Interview Officer the Triple Sealed Certificates. 

- If someone turns a loan, rental or job down due to this expunged case - remember to challenge the Reporting Agency. Don't let them go.

 

GOOD LUCK!!

[Krishnat1]

TO ANSWER YOUR EXACT QUESTIONS:

1. Does any one of you know with similar situation who overcome this issue? YES - ME!!
2. Will this effect my H1 extension? Should I expect RFE? 

H1B EXTENSION does not have a section for CRIMINAL Records. However, I heard USCIS does background checks on all applications - so make sure the lawyer who is doing your H1B Extension is aware of this case. If you don't want your employer to know about this case - then hire your own lawyer to advice the Company Immigration Lawyer about your case - this way the Company Lawyer can't tell your Employer what your lawyer said. Got it?

1. Criminal attorney says I can legally deny my arrest record any where mentioned as "Have you been arrested". Is this true, can I deny it?

YES its true, for all JOB applications, Rental and Loan Applications. However, when it comes to Immigration - always say YES - and in comments mention that you were found NOT GUILTY and the case was EXPUNGED. Carry Triple-Sealed Certificates to support this.

1. Since my case is expunged do I need to worry at this time?

Get your case details deleted from PUBLIC DATABASES - there are over 600 public databases and 100s of Fair Credit Reporting Agencies. You can hire a lawyer to do this for you.

1. Is expunge means all files and records related to my arrest will be deleted?

NOT EXACTLY - the record is now sealed from public record. In 11 years, or depending on the state - they will shred these documents. However, in the mean time, if you get arrested again - then the public prosecutor can have this case UNSEALED and use it against you. I had a friend who was arrested for beating his wife - he had a DUI back in his college days that was expunged. The wifes lawyer had that unsealed and used it against him, during the Divorce settlement. Ya it was a mess.

1. Will this cause any issue if I got for my H1B Visa stamping?

YES, if you say NO to the question "If you ever got arrested or convicted etc. etc.. ". Always say YES, and in additional information - say the case was dismissed and expunged. Carry TRIPLE SEALED CERTIFIED Copy.

1. Did any one with DUI who were arrested and got struck with h1 extension or visa stamping?

When I went for my stamping, I didn't know to say YES to the question about Arrest in my visa form. So my Visa application was issued a 221g, asking to provide details on the ARREST. I sent that information, and in 60 days i got my new visa. 

Since then, I have transferred to a new job, and i went for stamping again this year - and this time, I say YES in the form and took the Triple Sealed Certified Copy of the Court Orders. The Visa Officer asked for those, and i showed it to him - he went in the back, when he returned he said everything checked out fine and that i will get my visa. So honestly, don't worry.

 

[katuri]

Ur ** up bro the more u drag ! They will drag your ass ! Because they police 🚨 has video on that days crime spot 

[katuri]

Best thing say guilty pay the fine go to school try to  be good citizen ! Do charity work ! Take sr 24 vechile insurance! This way it will be for 10 years  if your they will remove from your history only police and judge can see your criminal history, for sure they will not give gc forget citizen ship 

[katuri]

My  uncle did the same 1999 still he did not get gc 

[jpismahatma]

What is story ?? 

[katuri]

Leave this county country asap

[Krishnat1]

On 10/12/2017 at 5:36 PM, katuri said:

Best thing say guilty pay the fine go to school try to  be good citizen ! Do charity work ! Take sr 24 vechile insurance! This way it will be for 10 years  if your they will remove from your history only police and judge can see your criminal history, for sure they will not give gc forget citizen ship 

This is not true. Never pled guilty, always fight it in court. 

He was found not guilty and the case has been expunged. He will get his GC and citizenship. Of course he will be asked about it at interview, be honest and show them evidence that you were found "not guilty" and the case was expunged 

[Krishnat1]

On 10/12/2017 at 5:32 PM, katuri said:

Ur ** up bro the more u drag ! They will drag your ass ! Because they police 🚨 has video on that days crime spot 

You clearly don't know how the court system works in US. Never ever pled guilty, always say not guilty and fight it. Any good lawyer will show you the Discovery File the police have on you, and tell you the best outcome. If you are in fact guilty of crime - then yes you are screwed. When you are not guilty and they don't have strong evidence against you, don't panic - fight it. 

[Krishnat1]

On 10/12/2017 at 5:41 PM, katuri said:

My  uncle did the same 1999 still he did not get gc 

Was he found guilty of multiple crimes? Because a single CIMT crime is ignored for immigration related matters. 

[katuri]

If u want to screw your life say gulity !!!!!!!!!!!!!! because they have concrete proof!!!!! once your trial is done on the final day they will show you the video then they say u to pay whole court hours and deportation papers will given to you and huge fine.

[krishna556]

Assam