H!B stamping with DUI Arrest 4 years ago but case dismissed and records expunged

[ck3004]

Hi,

I was arrested for DUI on April 2013 in the US. My BAC was slightly above normal. However, I entered a program called ARD and after a year the charges were dismissed and records were expunged. This means that the courts do not have any records of me. Now, I have to travel to India and have to get H1B stamped. While filling DS 160, I see that there is a question "were you arrested....". From what I know from google search and speaking to an immigration lawyer, I should answer "Yes" to that question. I know that since this is under 5 years, this means they will send me to certified doctor for evaluation: blood test, X ray, Psych evaluation etc.

My question is has anyone recently been in a similar situation with via stamping ? What was your experience so far and did you get the visa stamped ? If you did, how long did the process take ? Secondly, should I answer "yes" to the question of arrest even if my records were expunged ? Not sure what is technically correct.

Thank you.

[inadmissible]

The question on Form DS-160 is

Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?

Which part of the question don't you understand?

[ck3004]

The question on Form DS-160 is

Which part of the question don't you understand?

Well if you read my post it should be clear that I am pretty convinced that the answer to the question on DS 160 is yes. However, more important question is what should I expect. I suppose you haven't read the entire post so here is the question of concern as quoted from my original post:

"My question is has anyone recently been in a similar situation with via stamping ? What was your experience so far and did you get the visa stamped ? If you did, how long did the process take ? ...."

I would also add concern about how common are visa denials in such cases (am not talking about 221 g but rather complete refusal) and what should I expect ?

[inadmissible]

DUI arrest is not a ground of inadmissibility, and is not a reason on its own for a H visa denial