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  1. #1
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    1

    Default Shoplifting, Trespass Notice and Immigration

    My question involves criminal law for the state of: Indiana

    I'm currently a student on F-1 Visa in the US. I was caught trying to steal an item worth $20 from a store. The store manager called the Mall Security and the police. The police came in and the store manager told him that she needs a trespass notice for me for the next one year. The police took down my name, address, phone number, height, weight, eye color. I asked the police officer if I would have to disclose this as a criminal offence in my future job applications, he said I don't have to and that I was lucky. I am banned from the mall area for one year.

    I want to know if this is going to haunt me in the future. I intend to get a job through work visa and apply for a green card within the next 3 years. Will this incident make them deny my application because I had not shown the behavior traits of a potential good citizen?

    I have not been asked to appear on court. Will this appear in background checks by my future employers (retail stores)? Will this prevent the Immigration Department from granting me a work visa?

    I completely regret trying to steal from the store, for all that it matters. I am only concerned about my future. Please help me with informative advice.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Shoplifting, Trespass Notice and Immigration

    If you were not charged with a crime, there's no associated criminal charge or record that the USCIS will pick up upon.

    I don't know from your description of events if this would qualify as an arrest - I simply don't have enough information. It sounds like there was a citizens arrest, but that you weren't formally arrested by the police. If your detention constituted an arrest, you must disclose it in relation to questions about arrests; you may want to discuss the details of your detention with an immigration lawyer.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Shoplifting, Trespass Notice and Immigration

    Some of the forms ask for convictions. You weren't convicted (or even charged).
    Some of the forms have another question that asks if you committed a crime but were not charged. You can weigh your chances of getting away with lying on that form, but it would most likely be better if you didn't lie.

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Shoplifting, Trespass Notice and Immigration

    I agree with Ron...if it asks if you commited a crime, but were not charged.

    Some stores subscribe to a National Retail Theft Database....if the store you stole from subscribes, your name and info would be included, and it could show up during a thorough background check.

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