Public Intoxication with Case Dismissed and Expunged

[SriSri99999]

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. Will this effect my H1 extension?
2. Since my case is expunged do I need to worry at this time?
3. Is expunge means all files and records related to my arrest will be deleted?
4. 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?
5. Will this cause any issue for my H1B Visa stamping?

Appreciate your response.

 

[JoeF]

USCIS always has access to all cases, even expunged ones. It is never expunged for the immigration authorities.

You always have to say "yes" to the question if you have been arrested. Do NOT lie about it!

 

[pontevecchio]

Different kinds of Expungement. If you are saying charges were nor pursued and were actually dropped by court order, just carry the disposition with you. YOU MUST discuss specifics with an Immigration Lawyer. Please do not get legal guidance from a forum.