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Can my future employers find out the information on my previous ds160 application? (arrest question)

Sacramento, CA |

DS160 visa application form asked "Have you ever been arrested or convicted for any crime, even though subject of a pardon, amnesty?", and I answered yes. Can my future employers find out the information about these and my answer/response to this specific question?

Attorney Answers 4

Posted

Yes your employer can discover criminal convictions through a background check. They may not be able to obtain your answers on this specific form, however, they will obtain copies of your criminal convictions If those criminal convictions are pertinent to the job you are applying for, they will likely not hire you. If you complete an employment application that asks about your criminal record, you must be honest in your answers, or you can later be terminated when they discover your lack of truthfulness.
Best of luck!

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Posted

It is unlikely your future employer will view your previous DS-160.

The communication above does not establish an attorney-client relationship. Advice rendered is of a general nature. (562) SANI-LAW

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Posted

Of course they can, and as a non-citizen, you are under heightened scrutiny. Your best option as my colleague suggested is to honestly disclose.

Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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Posted

You appear to be concerned about your lawful stay in the United States and wish to remain in the country legally. If that is in fact correct, delegate any of your issues to the counsel of record, as legally appropriate in this situation.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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