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Labor certification with an expunged misdemeanor

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        Last November, I was provided with a citation for Misdemeanor child abuse. Long story short, the case was dismissed and the record was recently expunged. There was no conviction, no arrest and no probation only a citation was given.

      My employer wants to start the process of filing Labor certification for me. I have a few  questions regarding that

  • Is there anywhere in the ETA 9089 form that I should mention the criminal citation.? I dont see any specific questions regarding criminality in ETA 9089.
  • Will the US Department of Labor be able to view my record similar to Immigration authorities at Port of entry even though it is expunged?
  • Will this  citation create any issues for my PERM processing?


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DOL may not, but USCIS can see it. They can see even expunged cases. Be forthcoming with this to the lawyer.

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Thanks Joef. I plan to be forthright about the citation to my attorney.

However wanted to know if this citation will have a significant impact on the rejection/audit chances of my labor certification. 

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You should indeed be forthright and factual with the application, irrespective of it's impact on a visa petition. Reviewers decide on the merits and whether or not to make an issue of a particular topic. 

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