My rights at Port entry with arrest record

[On_a_H1b]

Hi,

I have an arrest record for a felony but my case is sealed and I don't have any conviction. I am on H1b and I have valid visa until 2020. I am planning a travel but worried about re entry to US at POE. I would like to know what are my rights

1. Do I have a right to say "no" when they ask my phone or laptop to search any emails regarding my case or something else? I am worried that they could see my confessions on my emails

2. Do I have a right to be silent when they ask question about my case?

3. what are the documents that I should carry at POE regarding my case?

4. will CBP officer  inform my employer about my arrest? they don't about my arrest so I don't want to get fired because of this

Appreciate your valuable answers! 

[pontevecchio]

It would be better to discuss the matter with an Immigration Lawyer before any trip with the specifics of your case. 

1.2. They have a right to deny you entry if they find you inadmissible..

3. 4. See Lawyer.

[Provence]

CBP has the discretion to ask questions during POE inspection. Only US Citizens are guaranteed entry, but even they get questioned and have their belongings/social media searched. Anyone seeking entry is liable to be turned away if CBP finds them uncooperative and suspicious, and being evasive. Best to be truthful about your past if anything comes up at POE, as opposed to lying or staying silent which could lead to a denied entry and/or a misrep bar. 

[natan111]

20 hours ago, On_a_H1b said:

Hi,

I have an arrest record for a felony but my case is sealed and I don't have any conviction. I am on H1b and I have valid visa until 2020. I am planning a travel but worried about re entry to US at POE. I would like to know what are my rights

1. Do I have a right to say "no" when they ask my phone or laptop to search any emails regarding my case or something else? I am worried that they could see my confessions on my emails

2. Do I have a right to be silent when they ask question about my case?

3. what are the documents that I should carry at POE regarding my case?

4. will CBP officer  inform my employer about my arrest? they don't about my arrest so I don't want to get fired because of this

Appreciate your valuable answers! 

I'm not a lawyer - just a random person on the internet. That said: 

1. Yes, you do. But that may result in detention and refusal of admission. You should fully disclose your confessions if asked.

2. Yes. But, again, if you don't cooperate they may not allow you to enter the US. 

3. Any document from the court or arresting agency that shows the resolution of the case will do. You confessed, so you are convicted for immigration purposes. If it's a felony you are most likely already inadmissible (if you confessed to a lesser offence, maybe not). You should fully disclose your criminal history if CBP asks you about it. 

4. CBP most likely won't inform your employer unless you work in certain sensitive areas where such an arrest may present a security risk. 

Get a good immigration attorney with experience in criminal history cases. If you are inadmissible/removable you may have an option to apply for a waver.