Skip to main content

Are any of these misdemeanors moral turpitude?

Atlanta, GA |

i am wanting to enter a dental hygiene program and i dont even know if any of these charges are eligble for expungement. I really dont want to not be able to do what i want just because i messed up when i was a teenager . i have really grown since then.

simple possession of marijuana
malicious damage to property or injury to animal(me and my brother and sister entered a abandoned house when i was 18 and got introuble for it)
giving false information to a officer
shoplifting when i was 17
possesion of alcohol as a minor

Attorney Answers 2

Posted

Some of those may very well be considered crimes involving moral turpitude. Your best bet is to review this matter with an attorney who can then advise and guide you on what if any options may be available to you.

Mark as helpful

2 lawyers agree

Posted

You need to consult with an attorney in your area to review the application with you and to see if any of these convictions can be expunged under GA law. I don't practice in GA, but my experience in KY leads me to respond that Shoplifting a/k/a Theft and Giving a False name ARE crimes of "moral turpitude". It depends on the agency's meaning of the term; i.e., ICE have a list of crimes they consider crimes of moral turpitude.
==========================================================================
Moral turpitude
From Wikipedia, the free encyclopedia:
Moral turpitude is a legal concept in the United States that refers to "conduct that is considered contrary to community standards of justice, honesty or good morals."[1] It appears in U.S. immigration law from the nineteenth century.[2] In other common law jurisdictions it is dated or obsolete.[3]

The concept of moral turpitude escapes precise definition but has been described as an "act of baseness, vileness or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and man."[4]

The classification of a crime or other conduct as constituting moral turpitude has significance in several areas of law. First, prior conviction of a crime of moral turpitude (or in some jurisdictions, moral turpitude conduct, even without a conviction) is considered to have a bearing on the honesty of a witness and may be used for purposes of witness impeachment.[5] Second, moral turpitude offenses may be grounds to deny or revoke a professional license such as a teaching credential,[6] license to practice law,[7] or other licensed profession. Third, it is of great importance for immigration purposes, as offenses which are defined as involving moral turpitude are considered bars to immigration into the U.S.[8]
***************************************************************
References

^ Moral Turpitude: West's Encyclopedia of American Law Answers.com
^ A Crime Involving Moral Turpitude! What in the World is That? US immigration and visa lawyers in London
^ Censure of Lord Melville. (Hansard, 8 April 1805) "...offences to which the charge of moral turpitude did not apply"
^ Chadwick v. State Bar, 49 Cal. 3d 103, 110, 776 P.2d 240, 260 Cal.Rptr. 538 (1989); Sosa-Martinez v. United States AG, 420 F.3d 1338, 1341 (11th Cir. 2005)
^ People v. Wheeler, 4 Cal.4th 284, 295-296, 841 P.2d 938, 14 Cal.Rptr.2d 418
^ Ballard v. Independent School Dist., 320 F.3d 1119 (10th Cir. 2003)
^ Chadwick v. State Bar, 49 Cal.3d 103, 776 P.2d 240, 260 Cal.Rptr. 538 (1989)
^ 8 U.S.C. 1227(a)(2)(A); 8 CFR 316.10
******************************************************************************
Category Crimes involving moral turpitude
Crimes Against Property Fraud:

Making false representation
Knowledge of such false representation by the perpetrator
Reliance on the false representation by the person defrauded
An intent to defraud
The actual act of committing fraud

Evil intent:

Arson
Blackmail
Burglary
Embezzlement
Extortion
False pretenses
Forgery
Fraud
Larceny (grand or petty)
Malicious destruction of property
Receiving stolen goods (with guilty knowledge)
Robbery
Theft (when it involves the intention of permanent taking)
Transporting stolen property (with guilty knowledge)

Crimes Committed Against Governmental Authority

Bribery
Counterfeiting
Fraud against revenue or other government functions
Mail fraud
Perjury
Harboring a fugitive from justice (with guilty knowledge)
Tax evasion (willful)

Crimes Committed Against Person, Family Relationship, and Sexual Morality

Abandonment of a minor child (if willful and resulting in the destitution of the child)
Adultery (see INA 101** repealed by Public Law 97-116)
Assault (this crime is broken down into severa

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

Mark as helpful

2 lawyers agree

1 comment

Frank Mascagni III

Frank Mascagni III

Posted

Crimes Committed Against Person, Family Relationship, and Sexual Morality Abandonment of a minor child (if willful and resulting in the destitution of the child) Adultery (see INA 101** repealed by Public Law 97-116) Assault (this crime is broken down into several categories, which involve moral turpitude): Assault with intent to kill, commit rape, commit robbery or commit serious bodily harm Assault with a dangerous or deadly weapon Bigamy Paternity fraud Contributing to the delinquency of a minor Gross indecency Incest (if the result of an improper sexual relationship) Kidnapping Lewdness Manslaughter: Voluntary Involuntary (where the statute requires proof of recklessness, which is defined as the awareness and conscious disregard of a substantial and unjustified risk which constitutes a gross deviation from the standard that a reasonable person would observe in the situation. A conviction for the statutory offense of vehicular homicide or other involuntary manslaughter requires only a showing of negligence will not involve moral turpitude even if it appears the defendant in fact acted recklessly) Mayhem Murder Pandering Prostitution Rape (including "Statutory rape" by virtue of the victim's age) Attempts, Aiding and Abetting, Accessories and Conspiracy An attempt to commit a crime deemed to involve moral turpitude Aiding and abetting in the commission of a crime deemed to involve moral turpitude Being an accessory (before or after the fact) in the commission of a crime deemed to involve moral turpitude Taking part in a conspiracy (or attempting to take part in a conspiracy) to commit a crime involving moral turpitude where the attempted crime would not itself constitute moral turpitude.

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics