Shoplifting, Larceny, Robbery, Theft Shoplifting and applying for H3 visa

[koten]

last summer, I was caught for shoplifting and was charged fine and 50hr community services. I have completed the charges, but my criminal record has not been expunged. I was on F1 VISA back then, and now I got an apprenticeship offer and am trying to apply for H3 VISA. Is my VISA going to be refused? and if so, is there anyway I can avoid that to happen??? is there anyway I can get the VISA??

 

[NYClex]

have a look at the many postings in this section regarding theft convictions, it is all explained there

 

[koten]

Im still not clear....please help

Thank you for replying NYClex.
I read several of the questions regarding shoplifting, but I am kind of confused.
The question "Convicted or not?" from austin188 is exactlly the same situation as mine.
since my case could considered to be "convicted" case, is it best to answer YES and explain the situation?? if so, is it possible that they automatically refuse to stamp my VISA because I answered YES???
also, what if I get my record expunged??? do I still need to be honest and say YES to the question? or not because it is expunged???
I'm sorry to ask you the same question again and again...but I have never been in this kind of trouble and I'm scared + I want to know exactly what my situation is, and I want to do the best I can.

 

[NYClex]

It is very important to answer USCIS questions truthfully.

If you qualify for the "one time crime" exception you can provide the documentation to the consulate when you submit your visa application.