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  1. #1
    Join Date
    Jan 2010
    Posts
    3

    Post Petty Theft Infraction vs Expunged Misdemeanor

    Hello, i was charged with a citation for Petty theft Misdemeanor at Walmart couple months ago for item worth 29$. I hired a criminal lawyer and she got me a deal with the DA.

    I was not taken to the jail or finger-printed.

    My options are:
    Option 1. since its my first offense, plea 'no contest' to the misdemeanor, DA waived the probation period and file for expungment the same week. Case will get expunged and dismissed as DA is ready to approve the expungment right away.

    Option 2: Since its a lower amount, it is actually an infraction. DA is willing to make it a Petty Theft Infraction, with no community service, no probation and no fine. My lawyer negotiated that as there is a law that if there are no consequences (punishment in terms of fine or community service) then it is not a criminal offense for Immigration purpose.

    My Immigration status - I have filed for my GC. I have my EAD on EB3 category but i am refiling it with EB2 category so having a criminal history will not help.

    My professional title - i am a engineer in a IT filed and having a criminal history might be an issue for my growth. Also applying for MBA school this year and dont want this to stop me to get into a good school.

    My concerns are: If i go for Option 1 - misdemeanor and expungement then i have to get finger printed and might cause issues with Immigration. If i go with Option 2 - an Infraction cannot be expunged and might show up on my record when doing background check while applying for jobs and that might hinder my growth.

    I am looking for suggestions, ideas and thoughts. Please let me know what is a better option? Any help will be appreciated.
    My lawyer wants me to take the Infraction as she doesnt think private sector will even bother to check infractions as they are smaller crimes. I am confused and looking for advice.

    Thank you

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Petty Theft Infraction vs Expunged Misdemeanor - California State

    Listen to your lawyers advice. That is what you are paying him/her for.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Petty Theft Infraction vs Expunged Misdemeanor

    Whatever your resolution - dismissed misdemeanor, infraction, or even an outright dismissal - assuming you've already filed your I-485 you can still expect to be asked about it at your interview. See Part 3, Question 1 of the I-485 form.

  4. #4
    Join Date
    Jan 2010
    Posts
    3

    Default Re: Petty Theft Infraction vs Expunged Misdemeanor

    Yes, so from that point of view, i will have to let them know. But if i am not finger printed and had no punishment, its a smaller offence for Immigration. My concern is getting a job when i am ready to switch jobs. Will it affect my chances of getting a new job if its a infraction vs a dismissed/expunged case?

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