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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."

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Attorney answers 4

Best Answer
Posted

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

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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.

Posted

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.

Robert West

Robert West

Posted

I agree with my colleagues.

Asker

Posted

Even I am a tourist, the border immigration professionals will not see what happened (that I was arrested, even my case was dismissed and sealed)? If they ask if I was ever arrested on US, should I disclose the case?

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

They will not see a dismissed and sealed case. It's not a typical question asked. 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

Asker

Posted

I read that the Feds and law enforcement will probably always be able to see it. Does the border costumers of immigration are part of this group that can always see? (this is my principal question, by the way!) Thank you so much for answering my question. I've reading so much and trying to understand how works.

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

Even if they see it you should not have an issue. They really aee looking for people w/open cases and warrants. 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

Posted

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

Asker

Posted

Thank you! Can the immigration see the arrest or ask me about if I was arrested? Do I need to disclose the case or not?

Asker

Posted

I forgot to say that I am a tourist and I am from Brazil.

Asker

Posted

I read you saying "Feds and law enforcement will probably always be able to see it. " Does the border costumers of immigration are part of this group (Feds and law enforcement) that can always see it? (this is my principal question, by the way!) Thank you so much for answering my question. I've reading so much and trying to understand how works.

Benjamin J Lieberman

Benjamin J Lieberman

Posted

Yes they most likely will be able to see it so never lie about it.

Asker

Posted

Yeah. That's why I'm worried. I'm afraid that even I show then the official certificate of disposition, they can denied my re-entry.

Posted

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.

Asker

Posted

I read that the Feds and law enforcement will probably always be able to see it. Does the border costumers of immigration are part of this group that can always see? (this is my principal question, by the way!) If they ask about it, do I need to disclose the case? Thank you so much for answering my question. I've reading so much and trying to understand how works.

Virginia Giselle Alvarez

Virginia Giselle Alvarez

Posted

Again if case is sealed they should not but if in doubt speak to your attorney as advised above.