DS-160 Arrest/Conviction Yes or No

[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,

[omshiv]

Yes. Always answer the TRUTH.

[nineballs]

Yes. Always answer the TRUTH.

 

The question is What is the TRUTH. OP doesn't know if at all this is considered as an Arrest.

[pontevecchio]

You were never arrested.

[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.

[ronaldo21]

Hi Viddu,

 

No. I was not finger printed either. It's only on my ticket officer marked as Misdemeanor. Everywhere else, like court notice, disposition letter, and court systems reveal it's just infraction only. One of the criminal lawyers said it's just like a speeding ticket and I don't have to mention this anywhere. I did livescan just to know what's recorded. That's all. 

 

Like you, I too don't want to generate unwanted attention mentioning this in DS-160. Otherwise I have a clean record. 

[ronaldo21]

You were never arrested.

 

Got it, ponte. My DoJ rap sheet is clean. No arrest or no conviction record for me. But a few immigration lawyers say, just mention it and explain. They feel any offense that I commit which is of nature misdemeanor to be reported. But the question on DS-160 is different,though. It asks for either I was arrested or convicted. I was neither. I don't want to create unnecessary attention mentioning a non-issue.

 

Thanks,

[pontevecchio]

If the matter is raised by the VO then explain fully and briefly what happened. Do not let too many Cooks aka Immigration Lawyers spoil the broth. Stick to one Lawyer.

[ronaldo21]

Thanks, Ponte.

 

I will get an FBI rap sheet too. And, I already collected court certified sentencing docket which clearly says I paid the fine and convicted of an infraction at the traffic court.

[viddu512]

Ronaldo and others - I got my visa stamping done on 7/24 at matamoros mexico. i selected NO for the question on DS-160 but I carried proof of my completion of online traffic school and fine payment along with ticket. I was not asked this question at all during the interview and i didnt have to bring this up either. 

 

Like i said I'd checked my driving records and everything was clean and i guess that's what didnt cause any problem. i feel any misdemeanors or anything more serious than that might be an issue. Goodluck to all. 

[ronaldo21]

Viddu512:

 

Yours is a simple infraction and you never have to disclose that to anyone. But mine was different case. VC12500(a) can either be charged as misdemeanor or infraction. I was charged with infraction. That's why I had to pull my live scan to confirm whether any record was created or not.

 

Thanks for your update.

[sirshark]

Hi Ronaldo21

 

Any update on your situation? How did the interview go?

 

Thanks & Regards,