If the Korean consulate asks me if I was arrested or convicted or a crime, Can I answer NO if I expunged it?

Question

I recieved a DUI when I was 21 (I just turned 25). I expunged my DUI about three months ago and have all the paperwork from the Redwood city court. I'm applying for an E-2 visa at the Korean Consulate located in San Francisco and need to know how to answer this question. Are they going to reject my visa if I tell them YES? Do they even check if I mark NO? Please reply if you know anything about expungement laws or have had a similar experience.

Answer 1

The best policy, always, is to tell the truth.  Tell them about the arrest and the fact that you were able to have it expunged.  I've been to South Korea many time, and believe me, they are not strangers to getting drunk over there.  Don't drink the soju.

Answer 2

You may also see such a question on job applications and other paperwork.  The proper answer regarding arrest and/or conviction is "Yes."  Regardless of the expungement, you were arrested, and you were convicted (and there will always be a record of the arrest on file - that does not go away).  It may not have been your finest hour, but you should be honest about it, then provide comments about the expungement (generally in California it reads expungement, charges dropped, and conviction overturned).  This should not keep you from a visa, but If you lie about it, you will certainly be denied (and yes, people do check).

Answer 3

This would be a good question for the State Department, or a immigration attorney