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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 ?

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Attorney answers 4


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.


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.


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.

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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.

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