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My case was dismissed and sealed. Will I have a problem with the immigration when I re-entry in the US on my next vacation?

New York, NY |

I was caught shoplifting on a store. I got arrested and in the next day a lawyer was there to help me. She told me that I would receive a ACD, have to do a community service for a number of hours and stay with my "nose clean" for six months and I would have my case dismissed and sealed.
I was checking on the internet, and I found a lot of things about "convicted crimes" and "crimes with moral turpitude". I am afraid that even my case is dismissed, the people that work on the border immigration can see that and denied my re-entry.
I found: “Re-entry is, of course, dependent on your continued eligibility to enter. If you have been arrested or committed an illegal act resulting in a warrant in your name since the time the visa was issued, you could be denied re-entry."

Attorney Answers 4


  1. Best answer

    There should be no issue. After the six month period, the arrest is a
    nullity.

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    Sent wirelessly, please excuse typos and brevity.
    >

    This answer has been prepared for informational purposes only and does not constitute legal advice of Todd A. Spodek, Esq., Storobin & Spodek, LLP, or any of its attorneys, and is not guaranteed to be correct, complete, or up-to-date. You should not act, or rely on any information in this website without seeking the independent advice of an attorney of your choice.


  2. Ok but no warrant was issued. If the 6 months are over and it was dismissed and sealed, it should be a non-issue.

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


  3. If completed the community service as you were supposed to and the case was actually dismissed and sealed you shouldn't have any problems.


  4. If in doubt check with your attorney Wether a certificate of disposition is available to you. If so you can err on side of caution and carry it with you. All the best

    The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.

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