Nolle Pross and Nonimmigrant Visa Application

[Ernest Calder]

First of all , I'm a 30 year old Salvadorean citizen who travels frequently to US, as a tourist . I Actualli live in El Salvador and my U.S tourist visa has just expired.
Over a year ago I was charged with petit theft (shoplifting) I spent the night in Miami county jail and was convicted of the charge. A few months after this happend I retained a lawyer who was able to reopen my case and the conviction status changed to a Nolle Pross. This is the first time i have been charged of a crime .
Now that my USA visa has expired I need to get a new one. I have a few questions :

1) Because my conviction was changed to Nolle Pross, should I have to mention that I was first convicted of this charge?, or should I not mention at all that I was guilty? . I know i cannot lie about being arrested , but what about when they ask me in the interview about this misdemeanor charge ? . What do you suggest in case they ask me for details ?

2) I will have to apply for a Canadian Visa too, and i want to know if this record ( nolle pross ) can affect me . I was fingerprinted in Miami . My plans are to live in Canada with my wife in the future ( she is canadian ) .

3) If i obtain the US visa , could i still be stopped at the Inmigration at the airport ? I was fingerprinted in miami . How could this affect me ?

4) Would you suggest that i apply for a record of expunction , or is not necessary in this case ? In order to avoid future problems in US and Canada .

[expertlaw]

You have to tell the truth in relation to all inquiries by the USCIS, so tell the truth even if "the truth hurts". The odds are, the shoplifting incident will be classified under the "petty offense exception" to CIMT such as to not prevent your obtaining a visa. If you tell the truth and get a visa, there shouldn't be any problems at the border relating to the shoplifting incident. Expunction won't do you a lick of good with the USCIS unless it is premised upon your actual innocence.