If I was arrested but not convicted, do I still need to file a waiver?

A waiver application may be required even if you were not convicted of a crime.  Under INA §212(a)(2)(A), "any alien convicted of ... or who admits committing acts which constitute the essential elements of (I) a crime involving moral turpitude . . . or (II) a violation of [a Controlled Substance Act], is inadmissible."

Under this provision, an alien who was not convicted of a criminal offense may still be inadmissible to the U.S.  For example, an alien who was charged with drug possession and admits to a CBP Officer that they possessed drugs is likely inadmissible to the U.S.  This is true even if the formal charges against the alien were ultimately dismissed, meaning there was never a criminal conviction in that particular case.

Further, the fact that a prior criminal offense has been pardoned generally has no effect on an alien's admissibility to the U.S.  While a pardon typically erases an individual's criminal record from the jurisdiction where the crime occurred, it does not change the fact that the alien was convicted in the past.  For that reason, foreign citizens with pardoned criminal records typically require a Waiver to enter the U.S.

Thus, if you were charged with a crime but were not actually convicted, or if you were pardoned from your criminal offense, it is possible that you may still need to file a Waiver application to visit the U.S.  To learn more about this process, you should consult with an immigration attorney to discuss the specific facts in your case and figure out if a waiver application is necessary.