DS-160 question

[ronaldo21]

Hi,

I was cited 12500(a),unlicensed driver, in California. The citation was misdemeanor. I was NEVER arrested. The citation was directly filed at traffic court as infraction and I was asked to appear at traffic court (Not at criminal court as misdemeanors will normally do). I plead guilty to infraction and paid the fine $245.

 

I collected the plea and sentencing document from the court and it clearly says it's an infraction. The court clerk told me that court records only show it as infraction as it was directly filed as infraction. Meanwhile, I just did my livescan report (Equivalent of FBI rapsheet in California) and there are no records under my name. Consulted a local criminal lawyer who said it's like a speeding ticket and I don't have to mention anywhere. But he's just a criminal lawyer.

 

Now, when filling DS-160, do I need to answer "Yes" to the following question, even though I'm convicted of infraction. I was NEVER arrested in my life.

 

"Have you ever been arrested /convicted for any offense of crime,even though subjected to pradon or other actions ?"

 

 

Thanks,

[ronaldo21]

No one???

[viddu512]

Hi Ron - I also got a speeding ticket in CA last year and it was an infraction. I'd an attorney represent me and I was asked to take traffic school and pay a fine. I did that. I called up CA DMV after that and they didn't have anything on records with my name. However the attorney said that it'll be recorded as a 'masked conviction'. My driving record is clean so far except for this speeding ticket. He asked me to select YES for the question above and mention 'taking traffic school course and paying fine'. I selected NO though because my driving record in CA and NJ (where I live) is clean and I didn't wanna cause undue attention for a lesser offense like a traffic ticket. However I will carry proof of my payment and traffic course completion and admit to the incident when asked. Hope this helps.

 

Btw were your fingerprints taken? I didn't attend the court nor had my fingerprints taken, so I don't know if livescan would be useful in my case.

 

Goodluck.