Impact of arrest record (with fingerprints taken) on EB2 perm application

[asillybird]

Hi all,

I have a question regarding my EB2 perm application. Basically I was arrested about 5 years ago for domestic violence and my fingerprints were taken at the police station. The case was dismissed by court later on. I am now planning to ask my employer to sponsor my EB2 perm application. My question is at which stage would this arrest record and fingerprinting record turn up. Would my employer be notified for this record? I am worried that if my employer finds out my previous arrest record, my job would be jeopardized. Any suggestions or similar experience would be much appreciated. Thanks a lot!

asillybird

[mitsu3000gt]

485 form requires you to answer whether you have been arrested before. Do not lie here as this puts you in a tougher situation to get your gc.

[mitsu3000gt]

I'm surprised your employer didn't do a background check on you.

Do you think every company out there do the criminal back ground check on employees? unless otherwise job description needs one.

[asillybird]

I'm surprised your employer didn't do a background check on you.

It's during the 485 stage when a FP needs to be done.

Thank you very much for the information. Indeed, my employer performed background check on me before employment. However, I forgot to mention that I have sealed my case via court (after it was dismissed by the court), and I believe it would not show up in normal background check. However, as I work in financial service industry, a fingerprint background check was run on me after my employment started, so the HR department knows of my arrest record, but they are okay after I showed them the dismissal document from the court. Again, currently within my company, only the two HR personnel knows of my arrest record, and my managers etc do not know. My concern is that, if I start EB2 Perm and 140 process, my managers need to discuss with HR personnel etc, is it likely that they brought up the arrest record as an issue? I would really not like my managers to have any information about my previous arrest record, to be honest.

If the fingerprint check or arrest record check only shows up in the step of 485 but not in the steps of Perm or 140, could I ask my employer to help me with Perm and 140, and I will handle 485 step myself?

[JoeF]

Thank you very much for the information. Indeed, my employer performed background check on me before employment. However, I forgot to mention that I have sealed my case via court (after it was dismissed by the court), and I believe it would not show up in normal background check.

USCIS can see all such records, even if they are sealed.

So, this absolutely has to be disclosed.

[asillybird]

Indeed, I am fine with disclosing the arrest record to USCIS, but I prefer not to disclose that record to my employer. So at which step do I need to disclose the arrest record? Is my employer still involved in that step? If not, I could probably just disclose the record to USCIS without notifying my employer.

[rbk]

Answer the below questions:

if your case is sealed then your comp must not hav seen it during the employment bg check when you joined the comp.

Many company provides the option of having your attorney when it comes to 485 and only that they will execute it but will be prepared by your attorney.You can check this option out

Even if it comes up if you are going by u;r employer completly,then sinc it is expunged legally you are back to the staus as before the charge

That is why in all employment appplications aks you to disclose arrest or cases exluding expungement

[asillybird]

Answer the below questions:

if your case is sealed then your comp must not hav seen it during the employment bg check when you joined the comp.

Many company provides the option of having your attorney when it comes to 485 and only that they will execute it but will be prepared by your attorney.You can check this option out

Even if it comes up if you are going by u;r employer completly,then sinc it is expunged legally you are back to the staus as before the charge

That is why in all employment appplications aks you to disclose arrest or cases exluding expungement

One correction, my case was not expunged, as in certain states, no cases could be expunged. Instead, my case was sealed, so as u said, it did not show up during the employment background check.

I am exactly considering the option that you have mentioned, i.e. use my own attorney (or even DIY) for 485 instead of using company's attorney. My main question is, would the arrest record show up during any step preceding 485, such as the steps of Perm or 140?

[asillybird]

One correction, my case was not expunged, as in certain states, no cases could be expunged. Instead, my case was sealed, so as u said, it did not show up during the employment background check.

I am exactly considering the option that you have mentioned, i.e. use my own attorney (or even DIY) for 485 instead of using company's attorney. My main question is, would the arrest record show up during any step preceding 485, such as the steps of Perm or 140?

anyone? many thanks!

[chandrapantla]

Hi asillybird

Can you please share your experience what happened to your PERM and I-140. I am in the same boat.  Arrest record, applying for PERM. N Will be there be any issues, while applying for PERM with Arrest Record? Any chance that employer would know?