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  1. #1
    Join Date
    Mar 2010
    Posts
    2

    Default Re-Entering the U.S. with an Arrest Record but No Conviction

    Hello, I am a green card holder and was charged with petty theft about 2 months ago in Illinois (1st time ever, misdemeanor up to 364 days in jail). On my court date, I didn't have to plea to anything and the judge dismissed the case on the spot for lack of evidence/witnesses.

    My question is: since I still have an arrest record which is a CIMT but no conviction at all, do I still have a chance of being deported? I am traveling abroad in a few weeks and I'm scared to death of re-entering the country. Also, what kind of documents should I bring to prove that I'm not a convicted criminal?

    Please help, I am really scared.

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

    Default Re: Re-Entering the U.S. with an Arrest Record but No Conviction

    It's a CIMT, but with a maximum punishment of less than a year in jail, so even if you were convicted it should fall under the petty offense exception. And you say that your charge was flat-out dismissed. There should be a disposition sheet in the court file - how about getting a certified copy from the court?

  3. #3
    Join Date
    Mar 2010
    Posts
    2

    Default Re: Re-Entering the U.S. with an Arrest Record but No Conviction

    Thank you for your answer. I just got my disposition paper yesterday and it says "stricken off with leave to reinstate". I was a little suprised because the judge used the word "dismissed" and now my disposition says "stricken off". The clerk told me it means the same as dismissed and I should just present my paper in case I'm questioned by the immigration agent. My question is, I don't know if the immigration would consider that a still open case, since it can be reinstated, or if they would actually consider it dismissed?

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Re-Entering the U.S. with an Arrest Record but No Conviction

    They would consider it dismissed.

    To be specific though, there are two types of dismissal; the kind you got and a dismissal with prejudice. A dismissal with prejudice can not be re-filed.

    Although the state could correct their witness/evidence problems and recharge you, that virtually never happens with a misdemeanor.

    You can't be deported for that. Actually the US is so incompetent at deporting illegal aliens, I can't imagine they would care about a dismissed charge. I know an illegal alien who has been arrested on several misdemeanor charges and he hasn't even been deported or held on immigration charges.

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