How can I get a Post-Conviction Relief for a shoplifting incident. 3 years passed

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1. Licensed in VA

   

   Peter Jabaly

   Alexandria Immigration Attorney

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   Answered January 30, 2013 04:43. Post conviction relief is difficult to obtain in Virginia, but it sounds as if you'd like to seal the record of the conviction. Unless you can prove actual innocence, the Commonwealth's attorney will oppose the motion and the judge will likely agree absent proof that you're actually innocent.

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2. 

   Dhenu SavlaPro

   Chicago Immigration Attorney

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   Answered January 29, 2013 20:40. I hope you have a certified court disposition. If not get that first. This will need to be disclosed on your immigration applications in the future. Shoplifting is a crime involving moral turpitude. This means that 2 or more such cases render you inadmissible. One incident may qualify for a petty crime exception. I agree with Attorney Dixler. You need both an immigration as well as criminal defense attorney.
   
   
   Dhenu Savla, Esq.
   SwagatUSA, LLC
   www.swagatusa.com/attorney

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3. 

   Kevin DixlerPro

   Chicago Immigration Attorney

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   Answered January 29, 2013 19:31. It will depend upon State's rules where the conviction took place and the reasons why you want the case vacated. Some states will not allow this to happen. Some prosecutors may agree, while others will make your attorney go to court for an answer. I suggest contacting both a competent immigration and criminal attorney to assist you. However, the arrest must still be reported, even if the conviction is vacated. Good luck.

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4. 

   F. Capriotti

   MN Immigration Attorney

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   Answered January 29, 2013 20:47. I too agree with my learned friend, Mr. Dixler ... you need to meet with 2 lawyers.
   
   PS if you mean 'expunge' when you state post-conviction relief .... forget it ... it can never be totally removed from your record for immigration purposes.

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