Petit Larceny, ACD And Citizenship In New York

[regrets123]

hi i was arrested and charged for petit larceny (shoplifting of amount of $125) and i've consulted a few attorneys and most of them offered to get me an ACD which means that my case will be dismissed after 6 months if i dont get in any more trouble and after i complete a 1 day community service and stoplift class, after that my records will be sealed automatically and the shoplift class and community service will not be mentioned on the final disposition letter, which will only say that my case was dismissed and i will not have to enter a plea to get an ACD
okay i've read that according to ny immigration laws an ACD is not considered a conviction
but i'm still worried as I am a green card holder since 2001 and i was planning to apply for citizenship after my case is dismissed, an immigration attorney said that my case would not be a problem for citizenship
but due to conflicting ideas in forums ive read that it may be a problem
so i would like to know if it would be better if i pleaded guiLty to a disorderly conduct charge instead of just getting the ACD

WHAT'S BETTER AN ACD or DISORDERLY CONDUCT CONVICTION?

Please help any advise would be apprecciated

[regrets123]

also according to http://www.nysda.org/idp/docs/06_Imm...sChecklist.pdf

GROUNDS OF DEPORTABILITY (apply to
lawfully admitted noncitizens, such as a lawful
permanent resident (LPR)—greencard holder)- ➢ One CIMT committed within 5 years of admission into
the US and for which a sentence of 1 year or longer
may be imposed (e.g., in New York, may be a Class A
misdemeanor)

this means that i may not be deportable since my charge of petit larceny falls under thae class B misdemeanor since the maximum sentence is of one year and since ive been a greencard holder since 2001 and my charges are in 2008 so it means that it already passed 5 years of admission into the US
IS THIS CORRECT?

also GROUNDS OF INADMISSIBILITY (apply
to noncitizens seeking lawful admission,
including LPRs who travel out of US)- ➢ Petty Offense Exception—for one CIMT
if the client has no other CIMT + the
offense is not punishable > 1 year (e.g.,
in New York can’t be a felony) + does
not involve a prison sentence > 6
months

this means im not inadmisible neither since i think i qualify for the petty offense exception

INELIGIBILITY FOR
US CITIZENSHIP- ➢ Crime Involving Moral
Turpitude (unless single
CIMT and the offense is
not punishable > 1 year
(e.g., in New York, not a
felony) + does not involve
a prison sentence > 6
months)

this means i may still be eligible for citizenship since my charge has a max sentence of 1 year NOT MORE THAN 1 year

CONVICTION DEFINED- A deferred adjudication disposition without a guilty plea (e.g., NY
ACD) is NOT a conviction

so this means that maybe ACD is better than DISORDERLY CONDUCT CONVICTION?

[cyjeff]

No one on this board is going to second guess several lawyers that have personal exposure to your case.

Ask your attorney of choice.

[regrets123]

ok thx i was asking because my lawyers do not have much experience on immigration consequences for criminal issues
and since i've read several threads in which people have been getting their charges lowered to disorderly conduct, i was wondering if that was a better option than an ACD for immigration purposes

[regrets123]

well anyways here's UPDATES ON MY CASE FOR ANYONE WHO'S IN SIMILAR SITUATIONS OR JUST WANT TO KNOW

I went to court today, and my attorney just talked to the DA or judge i dont know exactly who but he talked to that person about letting me attend a shoplifting class (stoplift) for one day and then after completion of that class i'd have to go back to court for them to give me an ACD for six months, so when the judge called out my name i dont know what happened but the judge did not ask me to enter any plea and all she told me was that my attorney and the DA have agreed on giving me a stoplift program and an ACD and that she's informed that i agreed on that too with my attorney and then she gave me a letter about the instructions i have to follow in order to attend that program and a court date in which i'll have to go back to court presenting proof of my completion of the program and if succesful then i'll be given an ACD

my question is:
1)-since the judge never asked me to enter any plea, what does that mean? that they'll put me down as if i pleaded guilty or not guilty? or is there any way my attorney may have pleaded for me? is that possible?
2)-my attorney said that if i complete the ACD succesfully i will not have any criminal records, what does that mean? just because i dont have any criminal records does not mean that i wont have any arrest record right? since i was arrested. I've heard that my records will be sealed after completion of the ACD, does that mean that my arrest records willl be sealed? what exactly does ACD seals?
3)- I've been told that after dismissal of my case after ACD my records will be sealed meaning if asked by any private employer i could say that i've never been arrested ? is that correct?
4)- Is ACD a conviction for immigration purposes? one attorney i talked to said that it was and that i'd have to tell the INS that i was convicted and another said that it wasnt since it ended in a dismissal, so what do you think i should answer when asked if i've been convicted of any crime?
5)-How does this ACD will affect my eligibility for citizenship? and are there big probabilities of me getting my citizenship application denied even though my case got dismissed through an ACD which I've read that it was not a conviction?

[gegoamerico]

When in a case like yours, you have to seek for criminal AND immigration counseling, petty offenses are serious offenses on the immigration side,

YOu cant expect this forum will fully answer your questions , and even with lawyers, you will risk of having serious consequences for your immigration status

[avvo]

Hello Regrets123,

My case is very similar to yours. I am planning to apply for citizenship in a few days. Please let me know what happened with your case. Did you marked that you were convicted in your N400 application or just were arrested? Please, please, please i will highly appreciate your help.

[scaredsoul]

Hello Regret123, I am sailing in the same boat as yours. My court date is in March 2010. Please let me know your update, please.

[woow14623]

Regret 123,

I wish I answered your question before. I was in the same situation. I am from NY too but no GC holder. I am in H1b visa and in the process of getting a GC. Sorry to trouble you but I am telling this because it might help you to take some actions.

ACD is not good for immigrants but for citizens a perfect final conviction. Why ACD is not good? because basically it is admission of guilt for you original crime which is CIMT. The best is diversion to non CIMT. I was told this by the judge it self in my case and he made sure he does that so it will have less effect on my immigration record.

Just to let you know after this I have answered truthfully to all the questions in US visa, UK visa with a court disposition attached and I had no issues. I was never questioned even about the situation.

So I wish you good luck.

Let me know if you need any help.