QUESTION

Will a misdemeanor for grand theft affect my citizenship status?

Asked on May 03rd, 2012 on Criminal Law - California
More details to this question:
I was with my green card for 4 yrs, convicted in 2010 placed in probation for 2 yrs. I'm done with probation in 2012, my question is, will it affect me on my citizenship? It was my only offense. I have been in US for 20 yrs and only one conviction.
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7 ANSWERS

A theft conviction can be used a grounds for deportation if you are not a citizen of this country. Before this happens you will have a hearing on this. You need to hire a good immigration attorney to attend this hearing with you.
Answered on May 09th, 2012 at 12:41 PM

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Criminal Defense Attorney serving Newport Beach, CA at Law Offices of Anthony Sessa
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Yes! Get yourself a good immigration lawyer. Grand theft is a crime of moral turpitude and is a deportable offense. Itโ€™s too late now, but you should have had a better lawyer before you pled guilty and you would not be facing this problem today. Donโ€™t make the same mistake again by going "on the cheap" (probably had a public defender), and spend some real money to avoid making things worse. Good luck!
Answered on May 09th, 2012 at 11:38 AM

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Most likely it will not, assuming you get it expunged when you complete probation. However, you should consult with an Immigration attorney for more specifics.
Answered on May 09th, 2012 at 11:35 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Affect you? Yes. Whether it prevents getting citizenship is up to the govt and INS at the time you apply and go through your background check and approval process. You can contact them now and ask for their opinion, based on their rules as they are today. Also, some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Sounds like yours may qualify. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT clear, 'remove' or erase the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may deny that you were arrested or convicted of the offense. It may help in your INS process, by showing your desire to have a cleaner record.
Answered on May 09th, 2012 at 11:33 AM

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This is a question best answered by an immigration attorney but as far as I know a one time misdemeanor conviction should not be a problem. But PLEASE, ask an immigration atty as I am not an expert in this area.
Answered on May 09th, 2012 at 11:32 AM

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Criminal Law Attorney serving Oakland, CA at Law Office of Jared C. Winter
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You really need to consult with an immigration lawyer. Grand theft (or any theft for that matter) is considered to be a crime of moral turpitude under immigration law. Any conviction for a crime of moral turpitude has potential to affect immigration status. Again, to get a more specific answer to your question, contact an immigration lawyer.
Answered on May 09th, 2012 at 11:31 AM

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It certainly will, which is why you need to hire an attorney to expunge the conviction as soon as you are done with probation.
Answered on May 08th, 2012 at 3:22 PM

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