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  1. #1
    Join Date
    Jan 2006
    Posts
    7

    Default Questions about legal procedures

    I guess these questions are also interesting to other peoples here.

    1. If got criminal record, will it be expunged after a while? if yes, how long?
    2. For an immigrant or applicant, can you say "I don't have a criminal record" after record expunged when he apply a visa or green card?
    3. How long usually to get a ticket or court notice after caught for shoplifting?
    4. Who make to decision to charge you or not? the store?
    5. How long usually go to court after caught?

    PaulE, would you like to answer these questions?

    I also suggest PaulE and other experts here to write an article by listing some typical procedures for a whole shoplifting case, which may be able to answer most questions without answering everyone's quesiton.

  2. #2
    Join Date
    Feb 2006
    Location
    CA
    Posts
    101

    Default

    I will answer #2.

    According to the INS, a conviction is a conviction, doesn't matter whether it is expunged or not. Having said that, some convictions are OK for immigration purposes.

    When you apply for a nonimmigrant visa, INS will ask "have you ever been arrested or convicted of any crimes? Therefore, even though you are NOT convicted, you still have to disclose the arrest record.

    When you apply for a green card, I believe the INS will even ask whether you have been charged or cited before? So, you really have to disclose everything to them even though you are found not guilty of a crime.

    The INS interprets the laws differently.

    Hope this helps.

    moviejim

  3. #3
    Join Date
    Nov 2005
    Location
    Seattle, Wa.
    Posts
    529

    Default

    Thanks for taking #2 moviejim, immigration is not one subject I know a lot about. As far as the others, here goes nuthin'.

    1. You need to complete the probation period and do everything the court orders you to at the time your case is settled. Then there is a waiting period, some states it's 1 yr some 2, them you can petition the court to expunge your records. Some states right after you finish your obligations to the court you can apply, contact a lawyer in your area for a better answer.

    3. I hate to say it but the waiting period varies on just how busy and backed up the cops, courts and clerks are.....could be a few weeks, could be a few months.

    4. The store LP makes the report and forwards it to the police or the DA's office. The DA's office then decides if they will follow up and send you the notice to appear in court. If the DA sees the case and weak or not worth the courts time it may not be filed, but those are few and far between. Generally speaking the store is asking the legal system to bring charges against you and that's what usually happens. If the LP fails to show up to testify against you, the case is usually dropped for lack of prosecution, again few and far between.

    5. See #3..... sorry I can't nail it down for you.

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