Will there be any background check before filing PERM process?

[jonahtickle]

My Employer is filing PERM process through our company lawyer. I am on L1 visa and arrested 2 years ago and case got dismissed. My company lawyer sent questionnaire before processing PERM, wherein I can see this arrest question. If i do not disclose this to our lawyer, is there any way to find out my arrest by doing background check again before processing PERM?  I am okay to disclose arrest to USCIS during I-485 phase, but not now to employer/lawyer. Please advice me what I need to do avoid losing my current job because of this green card process.

[rahul412]

17 hours ago, jonahtickle said:

My Employer is filing PERM process through our company lawyer. I am on L1 visa and arrested 2 years ago and case got dismissed. My company lawyer sent questionnaire before processing PERM, wherein I can see this arrest question. If i do not disclose this to our lawyer, is there any way to find out my arrest by doing background check again before processing PERM?  I am okay to disclose arrest to USCIS during I-485 phase, but not now to employer/lawyer. Please advice me what I need to do avoid losing my current job because of this green card process.

No, you need mention everything now. You will be in trouble for hiding the truth and your PERM might be rejected.

[pontevecchio]

Was the case dismissed or plea bargained and dismissed?

[jonahtickle]

Yes.. This case has been dismissed due to lack of evidence.

[pontevecchio]

Then you have nothing to worry about. If you do not mention the arrest then they will fire you if they later find out. If you mention the arrest with the disposition and the fact that charges were dismissed, you should be OK. Did you even explore the possibility of Expungement of the charge and all records in view of a dismissal.?