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If my citation gets reduced to disorderly conduct from retail theft , will it be still be considered a cimt for uscis ?

Brookfield, WI |

i was issued a citation for retail theft , if the prosecutor reduces it to disorderly conduct , will uscis still see it as a cimt ?

Attorney Answers 4


  1. A lot of your question depends on how whether the municipality reports to CCAP or any agency (unlikely). Certainly, USCIS will still have access to the arrest record and that, by itself, will provide the citation information. At that point, they will still not have conviction or disposition. My experience has been that governmental agencies looking at immigration cases tend to look at the complaints rather than the outcomes. So I believe your answer is yes, the original charges are what's considered by USCIS.


  2. technically, theft is a crime of moral turpitude. uscis will indeed look at the charge and they are experienced enough to know a plea deal when they see one. your best bet is to have your criminal attorney do his absolute best to have the case dismissed, but even then there's no guarantee that it won't negatively affect your immigration issue.


  3. If it was an ordinance citation, and not a criminal charge, then it is not a crime.
    If you were not required to appear for court, or if it was in a municipal (not a circuit) court, then it was not a crime.

    Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.


  4. You do not state what level of court these charges originated in; was it municipal court? If so, and If you were never fingerprinted, there is a good chance that the charges were noncriminal in nature from the beginning, which makes the records of such convictions less easily accessible during background investigations of any type. Circuit court records in WI are easily available online with only a few clicks, but municipal court records is small jurisdictions often are not so quick or easy to obtain. That being said, however, all law enforcement reports and arrest records of adults which do not involve mental health detentions in WI are public records which are available to anyone who cares to check with the proper arresting agency.

    My answer here does mean that I am representing you, so be sure to consult your own attorney before deciding on what you should do, or contact my office at 262-633-3090, 333 Main St, Racine, WI 53403, during business hours if you desire formal representation. See me on the web at www.jayknixonlaw.com, or view over 15 years of my previous answers at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixonAttorney answers may contain advertising materials.

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