Urgent help!

I hold H1B now (pending for transfer) and plan to go back to visit next two or three months.

My background: have not been back since Jan 2002 (F-1 visa). I had a criminal lawsuit because of accidently broken a monitor in school. The case was dismissed and the charge (record) was expunged later on.

My question is: what kind of background will they check? Is it okay for me to go back and re-apply H-1B? Is it good for me to use the third country visa application? (My company has branch in Canada)

Any suggestion is very much appreciated!