I got a ticket for selling alcohol to a minor while I was on F1 visa. I took a course and then case was dismissed. Also later I expunged it and have obtained a certified copy of the disposition
I have changed my status to H1b and now I have to go to my home country and do the Visa stamping. So when filling the application for H1B visa, in the DS160 form for the question "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action?" should I answer yes or no?
I disagree with some if my colleagues. Based on your facts, you definitely were arrested, even if you weren't taken to jail to be booked. In Florida, selling alcohol to a minor is a second-degree misdemeanor. You will need to answer "yes" and obtain certified copies of the arrest affidavit, certificate if completion if the pre-trial diversion program, and final disposition. Hopefully you or your attorney obtained these certified copies prior to doing the expungement. As my colleague stated, expungement is irrelevant when it comes to immigration. Best of luck!
I respectfully disagree with my colleagues. In Florida, Section 562.11(1)(a) indicates that selling alcohol to a minor is a second degree misdemeanor. Although you received what you explained was a "ticket" your encounter with law enforcement could be classified as an arrest depending on the circumstances. I would want to review the "ticket" your received and also speak with you about the nature of your encounter with law enforcement before I provided a recommendation as to answering that question. Moreover, I'm also a little concerned about the dismissal as well. Did you have to pay any fine associated with the charge and did the Court initially note that adjudication was withheld during this process? If so, there are additional considerations that should be discussed as well. I would recommend that you discuss this matter in detail with counsel before completing the DS-160.
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