Criminal Records, Expungement expunged misdemeanor - work permit/greencard

[elvira]

Dear NYClex,

Thank you for all the other questions that you have answered, but may I ask one more.
I have a dismissed misdemeanor charge and im not a us citizen. I was wondering whether I should tell this to my future employer. They will be sponsoring me for the greencard and I should start working for them soon. However, I don't really know how the whole work permit process works.
If they apply on my behalf, will the be told that I need to be fingerprinted or something?
I know that my record is clear, and they as employers - shoud they decided to do the background check - won't see anything. However, is it different for work permit process, do they get access to all information?
Also, does having an expunged record pose a problem for getting the work permit?

Thank you

 

[NYClex]

It depends. You have to answer all questions on immigration forms truthfully. If the question is: have you been arrested... then you have to answer yes, even if no conviction resulted from the arrest.

You will be fingerprinted by the USCIS and they will be able to access all records.

Most employers have attorneys handling the immigration applications of their prospective employees, so it is important to give those attorneys all the information. They will know if this might be a problem or not. Usually a dismissed charge is no problem for obtaining a visa.

 

[elvira]

Thank you for your help.
I guess I was just wondering whether there's a way to do it without informing the prospective employer of all bad details.
but i guess its my fault this happened in the first place.
Thanks again

 

[Richie82]

I have 2 misdemeanor that were dismissed and I am applying for my permit to work. Would there be a problem