Possible omission of past conviction

[Dreadedsprite 0]

Hi everyone,

I am new here and will have plenty of questions as I am preparing to apply for an IR-1 visa (spouse). But for now I am not started and one concern is already getting me paranoid.

Years ago, I got arrested for drunk riding a bicycle (I swear this is real). Under the law of my home country this is prosecuted as a DUI. However, as a first time offender, I wasn't brought before the court. I got an admonishment, assorted with a court ordered 1 day prevention program. After a 3 years probation I was rehabilitated and my criminal records were cleared, not yet my arrest record though.

Now here is my problem : I traveled multiple times to the US and back, including once on a nonimmigrant visa. When filing the DS-160 for the latter, I don't know if I disclosed that conviction as I should have. I just CANNOT remember.

 

I know it sounds crazy, how can I not remember if I lied, right ? But I don't.

My mindset back then was very different, I wasn't involved with an american citizen, I didn't imagine I would ever plan to live there, didn't see the whole picture...

However, I was a grad student under much pressure, with little guidance, traveling with grant funds I was accountable for. I was anxious, the whole process of coordinating my trip and applying for a visa was harrowing, I had close to no idea of what I was doing.

So yeah, I was probably afraid anything unforeseen would wreak havoc on my plans, and could very well have buried my head in the sand.

On the other hand, this would be out of character from me. Because I am anxious, I rather play it safe. I am not being nonchalant regarding the rules of the country I visit. And I compulse information about everything so I knew that conviction wasn't likely to get me denied. But delayed maybe ? I was still on probation at the time.

I legitimately don't know what I did. All I know was that my visa got approved and I don't recall it being brought up during the interview.

I tried to retrieve my DS-160 as I still have my application ID, but it didn't match any result in the database, probably because it has been several years since I filed it.

Now I have to answer that criminal background question again and as I understand it, will definitely get checked. I don't know what probability there is that I get flagged for that idiotic bicycle DUI, but obviously the stake is huge. I'm all about disclosing it now, but my concern is that I might be guilty of misrepresentation, and how to deal with it if it is so.

I will be assisted by an attorney anyhow. I would just take any thoughts, advice, word of similar experience, try to see a bit clearer in my head.

[Boiler 43,430]

You will have to produce a Police report and it will be on that, not that it matters as you would need to declare it anyway.

 

Is it material, probably not, will you be asked about it do not know.

 

Probably best to avoid the 'I did not know what I was doing' bit.

[Dreadedsprite 0]

30 minutes ago, Boiler said:

You will have to produce a Police report and it will be on that, not that it matters as you would need to declare it anyway.

No it won't, my records were cleared years ago. Citizens cannot access comprehensive arrests records here, even their own. What we are given to hand out for background checks is one of the 3 sheets of the judicial record, which only contains major criminal offenses / felonies. That one has always been clear as far as I am concerned.

 

But we do have an arrest record. And I was definitely fingerprinted. That one takes 20 years to clear out after the most recent arrest, with some exceptions. However, I don't know how open my government is about sharing every misdemeanor and traffic ticket of any average Joe with foreign nations. To me that would sound like a serious breech in sovereignety.

 

But you're right that's it's not the point. Thing is I will disclose it anyway because either I did before, and then there's everything to lose to start lying now, or I didn't, and I have no interest into creating a pattern of misrepresentation on top of it...

 

Thank you for your answer !

Edited October 24, 2018 by Dreadedsprite

[John & Rose 7,237]

5 minutes ago, Dreadedsprite said:

No it won't, my records were cleared years ago. Citizens cannot access comprehensive arrests records here, even their own. What we are given to hand out for background checks is one of the 3 sheets of the judicial record, which only contains major criminal offenses / felonies. That one has always been clear as far as I am concerned.

 

But we do have an arrest record. And I was definitely fingerprinted. That one takes 20 years to clear out after the most recent arrest, with some exceptions. However, I don't know how open my government is about sharing every misdemeanor and traffic ticket of any average Joe with foreign nations. To me that would sound like a serious breech in sovereignety.

 

But you're right that's it's not the point. Thing is I will disclose it anyway because either I did before, and then there's everything to lose to start lying now, or I didn't, and I have no interest into creating a pattern of misrepresentation on top of it...

 

Thank you for your answer !

You are good to go then.  They will only see what is on the PCC.  Now relax and get this one!

[thatguyuknow 147]

So the question you were asked on the DS-160 was:

 

Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon,
amnesty, or other similar action?

 

And you put no? Well you were arrested and I assume you were convicted and received 'I got an admonishment, assorted with a court ordered 1 day prevention program. After a 3 years probation'

 

If its not on any police reports/judicial record you would still be looking to disclose it as you were arrested. 

Do you have documentation from that time? Records of the offence and sentence? I know in the UK they will only hold records for 10 years then they're destroyed. 

 

I don't know what you should do, all I'd say is be honest and present all the documents you have. 

Edited October 24, 2018 by thatguyuknow

[Dreadedsprite 0]

2 minutes ago, thatguyuknow said:

So the question you were asked on the DS-160 was:

 

Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon,
amnesty, or other similar action?

 

And you put no?

Yes, or something equivalent anyway if the wording has changed since.

 

And I don't know if I checked no or yes. If I knew, at least, I would know where I stand now...

[Boiler 43,430]

56 minutes ago, John & Rose said:

You are good to go then.  They will only see what is on the PCC.  Now relax and get this one!

They will see what is on the application, each Country does things different so exactly what will appear on his Police Cert is an unknown.

 

UK would be no live trace, so they know there is something.

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.