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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

  1. 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.

  2. 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]

    ^ Moral Turpitude: West's Encyclopedia of American Law
    ^ 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:

    False pretenses
    Larceny (grand or petty)
    Malicious destruction of property
    Receiving stolen goods (with guilty knowledge)
    Theft (when it involves the intention of permanent taking)
    Transporting stolen property (with guilty knowledge)

    Crimes Committed Against Governmental Authority

    Fraud against revenue or other government functions
    Mail fraud
    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..

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