Question: If I have been convicted of a crime but my record has been
expunged, do I need to write that on my application or tell a
Yes. You should always be honest with INS about all:
- Arrests (even if you were not charged or convicted);
- Convictions (even if your record was cleared or expunged);
- Crimes you have committed for which you were not arrested or convicted; and
- Any countervailing evidence, or evidence in your favor concerning the
circumstances of your arrests, and/or convictions or offenses that you would like
INS to consider.
Even if you have committed a minor crime, INS may deny your application if you
do not tell the INS officer about the incident. Note that unless a traffic incident was
alcohol or drug related, you do not need to submit documentation for traffic fines and
incidents that did not involve an actual arrest if the only penalty was a fine less than
$500 and/or points on your driver’s license.