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Theft (dept. store) Other Criminal Procedure

Discussion in 'Criminal Records, Expungement' started by Ashamedd, Oct 29, 2014.

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  1. Ashamedd

    Ashamedd Law Topic Starter New Member

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    I got arrested for shoplifting at (dept. store). They claim almost $200 of goods were taken. I was written up finger printed and given a court date. I am not a us citizen I am here on a student visa and would like to make this my permanent home when I am done. How can I keep this off my record ? And jeep it from affecting my husband who is here on a scholarship ?
     
    Last edited by a moderator: Oct 29, 2014
  2. fredrikklaw

    fredrikklaw Moderator

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    ASHAMEDD…

    If by “… keeping this off my record…” you mean to keep it from being discovered by I.C.E. (Immigration and Custom Enforcement), then the answer is a resounding NO! But you will certainly have an opportunity down the line to keep the shoplifting from discovery by private entities by having the records expunged, but it will remain visible for time indefinite to all government agencies including I.C.E., Police, Sheriff, etc.

    But your saving grace here is that the dollar amount for the lifted merchandise is around the $200 mark and not $400 or more, because as things stand at the present time, you are looking at only a misdemeanor conviction and not a felony conviction for which you will of course be ordered to make restitution, pay court fines and most probably be bound by a three-year summary probation where you promise to keep the peace for that period without having to report to a probation officer or the Court.

    And as for a misdemeanor conviction having a negative effect on your current visa status or any future applications for either adjustment of status to L.P.R. (Lawful Permanent Resident) if you are not one already, or to become a Naturalized U.S. Citizen: it won’t. Not this time around.

    As a non-U.S. Citizen, what you need to avoid like the plague is a charge of Aggravated Felony; this ridiculously draconian charge is brought by I.C.E. if you should ever get yourself convicted of two or more misdemeanor drug convictions. On a charge of Aggravated Felony, you will be subject to detention (arrest by I.C.E.) and, will be placed in Removal Proceedings (Deportation).

    The proof positive that this indiscretion will not adversely affect your continued stay in the United States, is the very fact that your were charged and released to appear in Court at a later date as opposed to being taken into custody by the police and then having an immigration Hold put on you. Meaning that you would be cooling your heels in the City Jail where you would have been met and arrested by two I.C.E. agents who would have whisked you away to a Federal Detention Center for removal proceedings.

    fredrikkllaw
     
  3. Betty3

    Betty3 Super Moderator

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    OP - removed name of store for your protection.
     
  4. shrinkmaster

    shrinkmaster Well-Known Member

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    I am a retail theft consultant and answer questions like yours daily. as noted keeping this from ICE and the like will be hard if not impossible. However most companies etc look for convictions! Talk to an Attorney familiar with both criminal and immigration law. Ask if ACD or Diversion as plea option will help you stay here.
     

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