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  1. #1
    Join Date
    Oct 2009
    Posts
    1

    Default Do I Fall Under Petty Offense Exception

    Okay, I know that I made such a huge mistake and I'm seriously regretting about it. Please read my situation carefully and I would really appreciate if you can respond me.

    So I'm a green card holder (permanent resident) from Korea and I recently got caught shoplifting in California. I was 17(minor) at the time I got caught. The items that I was stealing were worth about $60 and the police was called so I went to the police station. However, I lied them that my parents are not living with me, instead I told them my parents reside in South Korea. Eventually, they found out that my parents are living with me and they called my parents. The police got more upset because of my lie and they said that they added another charge (false information to police, and I'm wondering if this charge falls under CMT). The police told me that I will be getting a juvenile court date letter soon, but I've never got such a court date letter, instead I received a letter that indicates me that I have to participate in "Shortstop Program" with my parents.

    This program is 2 days program which is for first time juvenile offenders and once I finish this program, they said that my criminal record will be cleared. They also said that they're allowing me a second chance by completing this program. So I don't have to go to the court.

    And I attended the first session of this program and I found out that the police reported my charge as "GRAND THEFT" which the maximum sentence of possible imprisonment can exceed one year.(I had another charge which was "false information to the police"). I never knew that stealing about $60 is a grand theft but then I thought it was because I told the police that I have done shoplifting a couple of times before.

    So for the summary of my situation....

    1) I got caught shoplifting, but never went to the court, instead I'm participating this Shortstop program which clears my criminal record.

    2) I was charged with "GRAND THEFT". I'm wondering if this charge would affect my petty offense exception even if I never went to the court.

    3) Even if I never went to the court, can immigration office see my criminal record?

    Please tell me if I fall under petty offense exception..
    I'm really worried if I can be inadmissible to US after returning from
    outside of US. Do I fall under petty offense exception?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Do I Fall Under Petty Offense Exception

    Immigration can see your record, even after it is sealed or expunged.

    Because the charge carried a maximum penalty of greater than one year AND because you had multiple charges, you most likely do not fall under the petty offense exception.

    It is vital you speak with an immigration attorney in your area about your situation.

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