Criminal Law petty theft, job and H visa

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gkim1

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Hello,

I pleaded No Contest to Petty Theft PC 484(a) in Feb 2005 (california) and I was sentenced to one day in jail (book and release for fingerprints), $180 fine and One year probation. Now I am still in probation and I am going to expunge the charge as soon as the probation ends. I am currently F-1 status but planning to apply for work permit--H visa next year as I am done with school.

Questions:

1)Do I have to say trutfully about my arrest and conviction (even after expungement) to my future employer since I will have to go through Visa application process (applying to H-visa) with the employer, since I have to truthfully acknowledge the arrest and conviction to the immigration?
( i have read multiple entries about how you can say no to conviction question by the employer and but have to say yes to the immigration/visa process)

2) should I work with immigration lawyer when I get the job offer and start the H visa applications?

3) I read on california court website saying that "If you were convicted of a misdemeanor and are still on probation, You may request early release from probation and file petition to have conviction dismissed." Also it added that this petition can be done by filing a PC 1203.3 petition to have probation terminated early, and PC 1203.4 petition for expungement.

Does this petition work well and do you recommend following this or should I just wait till the probation ends by itself and request the expungement?

thank you very much. your insight will ease my everyday nightmare.. :(
and sorry for the long entry ;)
 
Sorry, I am not an expert on CA law and the way they handle dispositions over there. Most probably the imposition of the sentence was suspended, then you would be fne.But to be sure you should consult an immigration attorney. He also might know about the early release process.

You have to figure out yourself what your employer's reaction might be if you do not tell him about the conviction and he gains knowledge about it.
 
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