It is also important to understand that the petty offense exception can apply to only one offense. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. I hired an attorney and we pleaded 'not guilty' and the case was dismissed. Shoplifting, defined at Penal Code § 459.5, can occur in every socio-economic class, including legal immigrants, whether they be legal permanent residents, visa holders (such as on student visas or work visas), asylees or refugees. Many state and municipal statutes have separate criminal and sentencing provisions, and you will need to make sure to include both so that you can prove that the maximum sentence fits within the exception. you personally were sentenced to no more than six months imprisonment, regardless of the amount of time you actually served. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. What Punishment Do I Face for Shoplifting? There is no simple answer to your question. The contact form sends information by non-encrypted email, which is not secure.

or if you are defending against having your green card revoked. A dismissed case is not a "conviction" for immigration purposes.

You or your attorney should be able to get the records you need by contacting the clerk of the court in which you were convicted. State laws vary as to how they name and assign maximum sentences to crimes, so whether your offense qualifies as “petty” will depend very much on state law. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. a copy of the statute under which you were convicted, including the maximum possible sentence. But it can still be used against you. Many offenses, including controlled substance violations, cannot be excused by the petty offense exception.

A crime involving moral turpitude is considered a “petty offense” if: Don’t make the mistake that some people do and assume that a misdemeanor will likely qualify as a petty offense but a felony will not. My question involves criminal law for the state of: California I was involved in petty theft of $110 worth of items in Mar 2004. apply in such cases, while they do not apply to most people seeking visas. The attorney may also want to negotiate a delayed entry of plea or delayed entry of judgment plea bargain wherein the client “earns” a dismissal by performing a certain amount of community service and pays a specified fine. ", "Greg Hill did an outstanding job on every level. from the first conversation to the last - I always felt 'it mattered' to him. Carson, Compton, El Segundo, Gardena, Harbor City, Hawthorne, Hermosa Beach, Lomita, Long Beach, Manhattan Beach, Palos Verdes Estates, Rancho Dominguez, Rancho Palos Verdes, Redondo Beach, Rolling Hills, Rolling Hills Estates, San Pedro, Santa Monica, Torrance, Wilmington, and surrounding cities in Los Angeles. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. This particular arrest was for a Crime Involving Moral Turpitude (CIMT). The attorney listings on this site are paid attorney advertising. It might be possible to get it dismissed. §1182(a)(2)(A)(ii)(II).).

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Like all criminal issues in immigration law, however, the petty offense exception is complicated and its application depends on your crime, the eligibility requirements for the immigration benefit you are seeking, and other details of your case. The attorney may also want to negotiate the case down to a trespassing charge (Penal Code § 602) or a disturbing the peace (Penal Code § 415). Even when there's no conviction, but you made an admission, USCIS can use that admission against you. In order to show that your offense was a petty one, you will need to provide the U.S. government official who is ruling on your immigration application with: Procedures for obtaining a certified record of your conviction vary from court to court.

Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The petty offense exception provides a way for immigrants convicted of certain crimes involving moral turpitude to remain eligible for admission to the United States.