Will I be able to dismiss my arrest issued 10 years ago if I leave in another country?
Asked on Jun 12th, 2016 on Criminal Law - New York
More details to this question:
Back in 2006, when I was visiting the US, I tried to steal a sweater and changed a price tag to pay a lower price at a department store. As a result, I was charged with misdemeanor for 1) theft under $500 and 2) fraud concealment writing. I hired a lawyer for my case and attended my first hearing but could not attend my second one as I had to come back to my country due to my work (I was only there for my holiday). I was told by my lawyer that there is no problem afterwards and thought all was sorted out. However, I only found out that arrest was issued at the airport when I was visiting after 5 years in 2011. They found it out with my finger prints. I had to stay with the immigration officer for an hour but he in the end let me go by advising me to contact my lawyer. It's been 5 years after that and now I really want to close this case as soon as possible as it is not nice to worry about my visit to the US for any reasons. However, there are some important facts related to this. 1) My criminal data does not match except my finger prints. Date of birth on the criminal data is lunar date whereas my passport is with a western date. Furthermore, my last and first name has been changed since my marriage so none of the data matches except my finger prints. 2) I am not American citizen. I am British leaving out of US with a full time job and a young baby. It means it is impossible for me to present myself in the court.
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