Criminal Records, Expungement misdemeanor shop lift and expunged

[subhashf1]

hi,
i am on f1 student status. i was arrested for shoplifting 4 months back and was sent to jail and released the same day with a bail of 50$. i went to the court 15 days later and was awarded a community service of 60 hrs and my record was expunged. wil i face any problem in applying for H1 visa and citizenship in future. i am living in the state of kentucky.
thanks
vicky

 

[NYClex]

It depends. Normally an alien convicted of a crime of moral turpitude, that is theft for example, is deportable or inadmissible.

The law gives you one chance, though: if you are convicted of a crime that has a maximum penalty of not more than a year, you will not be deportable.

But this exception only applies once, any following conviction will make you deportable or inadmissible.

 

[castro76]

It depends. Normally an alien convicted of a crime of moral turpitude, that is theft for example, is deportable or inadmissible.

The law gives you one chance, though: if you are convicted of a crime that has a maximum penalty of not more than a year, you will not be deportable.

But this exception only applies once, any following conviction will make you deportable or inadmissible.

Dear NYClex,
she mentioned that her records were expunged, and you dont comment that at all.
it doesnt make any difference? I mean, i think gotta difference between her records being dismissed and if she was sentenced for probation or/and jailtime, right?
could you comment that?

 

[NYClex]

There is a big difference between a dismissal of charges and an expungement of the record.

But in her case it doesn't matter if she has no other criminal record.

 

[cls2008]

Expungment v. dismissal

Hello everyone,
I would very much appreciate comments from anyone who either has some knowledge or experienced this. I am on F1 right now and received an offer from an emplyer willing to sponsor me. Some of my friends that got their work permits previosly, said its very fast and they didnt have to submit fingerprints. How true is that?
I have been arrested for shoplifting once, 5 years ago, the case was adjourned in contemplation of dismissal, and was dimissed later, I have no record right now. However, the consulate back home for some reason knew of the incident when I applied for f1, but only required fingerprints and issued a visa. My legal aide was suprised that they knew, she said it should not have came up. I couldn't find her, thats why I am asking for advice here.
So now I dont know whether I should still tell my employer about this, or would it just work it out wihtout somehow? I m not familiar with the process, whether all the paperwork is submitted by employer, does uscis require an interview, etc.?
I would really appreciate if anybody coudl share their experience. It seems that they will issue a work permit, since they didnt make a big deal about f1, and then I received the work authorization under OPT wihtout a problem. im just ashamed to admit to my employer about the sins of the past, and was wondering whether anybody knows of a way to do it somehow leaving the employer out of it.
Also, could somebody comment about the timing. Does it matter when the arrest happened? 5 years, 1 year? Do they care? Do you think standards of review are different for F1 as opposed to work permits or greencard?
Thanks guys, and good luck