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Will I have problem to re-entry in the US after a dismissed case? (shoplifting on apple store)

New York, NY |

My question involves criminal law for the state of: NY

I was caught shoplifting in Apple store in NYC.
The court notice mentioned the charge as Larceny but also mentioned ACD -. And my case dismisses today.
I was told by the lawyer there that ACD will disappear when the case be sealed, as something that never happened.

The thing is: I am from Brazil, I have a legal tourist VISA and everything. I go to NYC every year to spend my college vacation. My case is going to dismiss today. So, the question is: -- Will I have problem to go back to NY again after my case is dismissed? Will I have a problem with the immigration?
I'm asking that because I was arrested and fingerprinted in the police station. I don't want to be deported on my vacation. By the way, I'm going to NY next december.

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Attorney answers 4

Best Answer
Posted

Contact an immigration attorney.
If your case is dismissed and sealed, meaning the 6 months have passed, it should not be an issue.
If the 6 months have not passed, it may be a problem, hence the immigration lawyer.

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.

Posted

You should ask our own lawyer, the one who handled your case.
Having said that, I can't see how or why you will be tripped up by immigration official considering you say your visa is in order.
Yo do not have, it seems, a criminal record or an open case.
Enjoy New York, sir.

Law Office Of Michael Marley
Phone 917 853 4484

Posted

I don't know what ACD is...but based on my knowledge, you can only be deported for crimes of moral turpitude, or conduct that is considered contrary to community standards of justice, honesty or good morals. Shoplifting could be considered that, I believe, but probably wouldn't be unless you stole a lot of merchandise.

Posted

Once the six month period is over the arrest will be a nullity by operation
of law.

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Sent wirelessly, please excuse typos and brevity.
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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.

Asker

Posted

My lawyer said: " Your case is going to be dismissed. There is nothing either of us need to do. Once it is dismissed and sealed, you're free to travel back to the US as you please. " But I'm afraid that when I arrive in NY the immigration can see that I was arrested or something, and then they decide to denied me. Do you think something will appear for them when they fingerprint me when I arrive even if my case was dismissed?

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