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I am on h4 visa.
I was arrested for shoplifting in NEWYORK and hired a good attorney.

I pleaded NOT guilty On my first court date appearance.

On second court date i was offered an ACOD ( adjournment in contemplation of dismissal), if i take a class called STOPLIFT.

Even though i pleaded not guilty, will taking the stoplift class be considered by the Immigration INS as admitting guilt to theft ( misdemeanor?)

If i was not on a visa and was USA born, then Acod would means that after 6 months of stayiing out of trouble , my record would be sealed and noone could ever access it..
But i am on a visa.

NEWYORK DOES NOT HAVE EXPUNGEMENT OF RECORDS.

2007-11-28 15:31:37 · 2 answers · asked by Acorn W 1 in Politics & Government Law Enforcement & Police

In reply to answerer 2

Since newyork does not have expungement.. my criminal attorney suggested 2 options.. One to get an acod , other to get a reduced charge like violation ( disorderly conduct).
Acod is supposed to be sealed immediately and records destroyed after 6 months.

And at no point did i ever plead guilty.

2007-12-01 16:28:29 · update #1

2 answers

Well shoplifting sounds like a CIMT... which is bad to immigration purpose or others. However, there is one thing called "petty offense exception". It really depends on your sentence (fine and jail time?). You may need to talk to a immigration lawyer about that or you can post your charges here to let me or other take a look.

Expungement does not help immigration purpose so you can just forget about. They can open the expunged record anyway.

2007-11-30 06:02:01 · answer #1 · answered by Someone25 2 · 0 0

Shoplifting is a "crime of moral turpitude", which can make you excludable under Federal immigration laws.

ICE has ruled that an ACOD is an 'admission of guilt' for the purposes of excluding an alien from the USA, so the fact that you got one doesn't mean you're safe.

The link below has a good discussion of the issues.

Richard

2007-11-28 23:44:44 · answer #2 · answered by rickinnocal 7 · 0 0

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