H1B Stamping with a DUI arrest record but case expunged

[cmax12]

Hi,

 I was arrested but not convicted for DUI on April 2013 in the US. My BAC was slightly above normal. However, I entered a program called ARD and after a year the charges were dismissed and records were expunged. I have all the records for this. This means that the courts do not have any records of me. Now, I have to travel to India and have to get H1B stamped. While filling DS 160, I see that there is a question "were you arrested....". From what I know from google search and speaking to an immigration lawyer, I should answer "Yes" to that question. I know that since this is under 5 years, this means they will send me to certified doctor for evaluation: blood test, X ray, Psych evaluation etc.

My questions are:

-should I answer "yes" to the question of arrest even if my records were expunged ? Not sure what is technically correct. I think the answer is "Yes".

- Has anyone else recently been in similar situation ? What can I expected if I answer "yes' to the question. If this is not a strong ground for visa denial, how long would it take to get the visa stamp ?

 

Thank you.

[samvaidy]

You should be just fine, be apologetic for what happened, yes you should mention everything what happened, they might not even ask you for medical test, they might ask for court docs. 

Just be confident and you should be fine. 

[JoeF]

The answer to the question on arrests has to be a "yes." Even if it is expunged, they can still see it. Expunged only means non-government entities can't see it.

 

[dhokhabe]

Your answer should be "yes". It will be a good idea to carry all your papers associated with the case, just in case. The Visa Officer may ask you to explain it and having documents will help you. Not being truthful will cause more problem than your DUI conviction.

DUI databases are maintained at different level, depending on state regulations. Federal authorities, including DOJ and DOS may or may not have access to that. Not all states share all their data with the Feds, especially for low level crimes. In some cases, Federal agencies may have to issue subpoena for the information.

In any event, being totally honest is with the officer is the way to go.

[Tjgarla]

YOu will get a 221G

[cmax12]

Thank you all for the helpful messages   @samvaidy  @JoeF @dhokhabe @Tjgarla . My immigration lawyer does think that there can "always be chances of visa denial" since I am going in 4 years (rather than after 5 years) so I am worried. Lets see what happens.