Hello there,
Quick background:
I work and live in California. During my vacation in Hawaii I was arrested for shoplifting. I consumed a item and did not pay for it. I did not attempt to take the item with me or steal the item. I consumed it and forgot to pay for it as I was in a hurry to leave. The cost of the item was less than $3. The store security charged me. I was arrested by the cops and fingerprinted. I paid a bail of 250$ and was released immediately without any detainment or jail time. The cops were very understanding and said that their record will mention that I was very cooperative. This happened just last night and the court date is sometime in the end of october. I have not contacted a lawyer yet but will do so first thing tomorrow to see what I can do. FYI - I have no previous misdemeanors or any records whatsoever.
- Considering that the item was less than $5 in value and that I did not attempt to take the item with me do you think there is a chance that a lawyer can remove this from my record without conviction?
- Since I live in California and this happened in Hawaii, is there a chance that the lawyer can appear in court on my behalf and get this accomplished without my traveling to Hawaii?

I had planned on traveling to India and getting my visa stamped two weeks from today (tickets already booked). Though I havent booked a visa appointment date yet, I filled the DS160 form last week and answered NO to the 'have you been arrested or convicted' question since this hadnt happened then.
- What is your advice about my traveling to India now? The cops told me that their report wont reach the court for a month at least and so my visa stamping in 2 weeks should not be affected.
- My date of return to the US is 1st Oct and that is still within a month from the date of the incident. Will I have any issues at the port of entry?
- Since the court date is only end of October I still have not been convicted and I'm hoping a lawyer will be able to get me out of this. Can I use this argument if any questions about this come up during the interview or at the port of entry?

I greatly appreciate your help with this! My trip to India (and my future in turn) depends on this!
Thank you so much!