Immigration Corner | How can I get a shoplifting case off my record?

Dear Mrs Walker-Huntington,

I want to ask how can I get a shoplifting case off my record, and how do I go about it? What are the procedures? They told me I have to wait three years’ time to travel back, and 2025 will be three years.

SB

Dear SB,

A shoplifting case is a criminal matter over which the state in which the incident occurred has jurisdiction, more specifically the county in which the item was taken without compensation. Such matters are usually misdemeanours, meaning, the sentence for the crime is under one year in prison. Shoplifting cases, especially first offences, are generally resolved with a plea bargain and the defendant avoids jail time. However, once there is a plea and not a finding of not guilty, the resolution of the case is a conviction for immigration purposes.

To remove a case from your record in America, there are options, including having the case expunged or requesting to reopen the case and having it dismissed or go to trial. Expunging a case is dependent on the nature of the charge, and each state will have guidelines as to which charge is eligible to be expunged.

Under certain strict circumstances, after a case has been resolved by a plea bargain, a defendant can file a motion to have the case reopened. If the court grants the reopening of the case, it is then up to the prosecutor to decide whether they will dismiss the case or go to trial on the merits of the case. At times, the defence attorney will negotiate with the prosecutor (if they are amenable) before moving to reopen the case, as to how the case will be resolved. This is so because, if the court reopens the case and the prosecutor does not move to dismiss the case or offer a lesser offence, the defendant could end up in a situation where they might face jail time.

It is important to note that expunging a case does not remove it from immigration’s reach, and vacating a plea solely for immigration purposes also does not remove it from immigration’s reach.

Any criminal conviction can have negative immigration consequences – even if it is a misdemeanour and it is important to have a criminal defence attorney who also practises immigration law or who will work in conjunction with an immigration attorney to manage your expectations.

Even if you are successful in removing your case from your criminal records, it will always be there for immigration purposes and it is up to the consular officer if they want to grant you a new visa, no matter if you apply after three years as you were advised.

Dahlia A. Walker-Huntington, Esq is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com