Can I get my arrest expunged?
Nov 22nd 2001, 5:37 pm
#1
Guest
Posts: n/a
Hi, I was arrested for petit shoplifting (a pair of 20$ sunglasses with a bunch of
friends!!!, I know very stupid) about a year ago. The case turned out to be Nol Pros,
meaning the charges were basically dropped. I feel very bad about what I did, and I
want to put it behind me. After attending a 2 hour shoplifting class ordered by the
State of Florida, I learned I could expunge my record since I was a first time
offender. I'm not a legal resident as of yet, but I'm in the process of getting my
green card, is it ok to go ahead an start the expungement process even before I
become a permanent resident? I of course will disclose the arrest to INS when the
interview comes up, or even before that, I dont plan to withold that information.
Even tho my attorney handling my green card told me that petit shoplifting,
especially for a first time offense, wont be a problem for me in getting the gren
card, I still want to clear my record because the University I am interested in, and
a lot of employers, ask about criminal records, unless they are expunged.
Thanks for any help.
friends!!!, I know very stupid) about a year ago. The case turned out to be Nol Pros,
meaning the charges were basically dropped. I feel very bad about what I did, and I
want to put it behind me. After attending a 2 hour shoplifting class ordered by the
State of Florida, I learned I could expunge my record since I was a first time
offender. I'm not a legal resident as of yet, but I'm in the process of getting my
green card, is it ok to go ahead an start the expungement process even before I
become a permanent resident? I of course will disclose the arrest to INS when the
interview comes up, or even before that, I dont plan to withold that information.
Even tho my attorney handling my green card told me that petit shoplifting,
especially for a first time offense, wont be a problem for me in getting the gren
card, I still want to clear my record because the University I am interested in, and
a lot of employers, ask about criminal records, unless they are expunged.
Thanks for any help.
Dec 3rd 2001, 9:45 pm
#2
Guest
Posts: n/a
"Rich T." <[email protected]>
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Dunno about yer attorney saying it aint gonna be a problem,My understanding is that
shoplifitng IS a CMT - first time offense or not.I know of people who have had
immigrant visa's refused for "petty shoplifting" even when the offense was 14-15 yrs
old. Good luck, FJ10.
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Dunno about yer attorney saying it aint gonna be a problem,My understanding is that
shoplifitng IS a CMT - first time offense or not.I know of people who have had
immigrant visa's refused for "petty shoplifting" even when the offense was 14-15 yrs
old. Good luck, FJ10.
Dec 9th 2001, 5:03 pm
#3
Guest
Posts: n/a
I think the previous posters are scaring you more than helping. The INS is mostly
concerned with convictions not arrests. The fact that this was your only brush with
the law will help you a lot. A look at Florida law says that Petit theft is either a
3rd degree or at worst, a 2nd degree misdemeanor which the sentencing is as follows:
"(b) For a misdemeanor of the second degree, by a definite term of imprisonment not
exceeding 60 days". INS is concerned with offenses that have the potential to exceed
a 1 year in prison sentence. Petit theft is 60 days at worst. The fact that you were
not convicted makes this even less of a problem. Whatever you do, get an attorney.
Make sure you disclose everything in your application. Overall, I am sure that this
wont be a problem for you, as long as you dont try to withold it from INS. Oh one
more thing, dont expunge your record until you are done getting your Green Card.
forcefulljack10 <[email protected]>
[usenetquote2]> > Hi, I was arrested for petit shoplifting (a pair of 20$ sunglasses with[/usenetquote2]
a
[usenetquote2]> > bunch of friends!!!, I know very stupid) about a year ago. The case[/usenetquote2]
turned
[usenetquote2]> > out to be Nol Pros, meaning the charges were basically dropped. I feel[/usenetquote2]
very
[usenetquote2]> > bad about what I did, and I want to put it behind me. After attending a[/usenetquote2]
2
[usenetquote2]> > hour shoplifting class ordered by the State of Florida, I learned I[/usenetquote2]
could
[usenetquote2]> > expunge my record since I was a first time offender. I'm not a legal resident as[/usenetquote2]
[usenetquote2]> > of yet, but I'm in the process of getting my green card, is[/usenetquote2]
it
[usenetquote2]> > ok to go ahead an start the expungement process even before I become a permanent[/usenetquote2]
[usenetquote2]> > resident? I of course will disclose the arrest to INS when the interview comes[/usenetquote2]
[usenetquote2]> > up, or even before that, I dont plan to withold that information. Even tho my[/usenetquote2]
[usenetquote2]> > attorney handling my green card told me that[/usenetquote2]
petit
[usenetquote2]> > shoplifting, especially for a first time offense, wont be a problem for[/usenetquote2]
me
[usenetquote2]> > in getting the gren card, I still want to clear my record because the University[/usenetquote2]
[usenetquote2]> > I am interested in, and a lot of employers, ask about[/usenetquote2]
criminal
[usenetquote2]> > records, unless they are expunged.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Thanks for any help.[/usenetquote2]
>
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>
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concerned with convictions not arrests. The fact that this was your only brush with
the law will help you a lot. A look at Florida law says that Petit theft is either a
3rd degree or at worst, a 2nd degree misdemeanor which the sentencing is as follows:
"(b) For a misdemeanor of the second degree, by a definite term of imprisonment not
exceeding 60 days". INS is concerned with offenses that have the potential to exceed
a 1 year in prison sentence. Petit theft is 60 days at worst. The fact that you were
not convicted makes this even less of a problem. Whatever you do, get an attorney.
Make sure you disclose everything in your application. Overall, I am sure that this
wont be a problem for you, as long as you dont try to withold it from INS. Oh one
more thing, dont expunge your record until you are done getting your Green Card.
forcefulljack10 <[email protected]>
[usenetquote2]> > Hi, I was arrested for petit shoplifting (a pair of 20$ sunglasses with[/usenetquote2]
a
[usenetquote2]> > bunch of friends!!!, I know very stupid) about a year ago. The case[/usenetquote2]
turned
[usenetquote2]> > out to be Nol Pros, meaning the charges were basically dropped. I feel[/usenetquote2]
very
[usenetquote2]> > bad about what I did, and I want to put it behind me. After attending a[/usenetquote2]
2
[usenetquote2]> > hour shoplifting class ordered by the State of Florida, I learned I[/usenetquote2]
could
[usenetquote2]> > expunge my record since I was a first time offender. I'm not a legal resident as[/usenetquote2]
[usenetquote2]> > of yet, but I'm in the process of getting my green card, is[/usenetquote2]
it
[usenetquote2]> > ok to go ahead an start the expungement process even before I become a permanent[/usenetquote2]
[usenetquote2]> > resident? I of course will disclose the arrest to INS when the interview comes[/usenetquote2]
[usenetquote2]> > up, or even before that, I dont plan to withold that information. Even tho my[/usenetquote2]
[usenetquote2]> > attorney handling my green card told me that[/usenetquote2]
petit
[usenetquote2]> > shoplifting, especially for a first time offense, wont be a problem for[/usenetquote2]
me
[usenetquote2]> > in getting the gren card, I still want to clear my record because the University[/usenetquote2]
[usenetquote2]> > I am interested in, and a lot of employers, ask about[/usenetquote2]
criminal
[usenetquote2]> > records, unless they are expunged.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Thanks for any help.[/usenetquote2]
>
>
>
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>
Oct 17th 2002, 11:59 pm
#4
Guest
Posts: n/a
Shoplifting offense charges
[
Last edited by manate; Oct 23rd 2002 at 6:31 pm.
Oct 18th 2002, 2:10 am
#5
Guest
Posts: n/a
Re: Can I get my arrest expunged?
manate wrote:
> [I am an alien faced with a similar situation the writer is faced with.
> I have never before in my life taken or picked something that did not
> belong to me. I was arrested for shoplifitng at a department store for
> items worth $169.00. It started when I tried to put on shoes in the
> store that had a bucle and there was a tag on it which prevented my feet
> from geting in and so i tried to unbuckle the shoes and instead broke
> it. I started to panic as to what to do to the damaged shoes and so what
> I did was leave the shoe area with the shoes hanging on the shelf. When
> i walked a few bolocked and was Identified a lady who had done my hair
> about a year ago(someone whose No. I had been searching for) I paniced
> again and the belt I was measuring on, I left it on me without touhing
> in. I went to the layaway section of the store and put some things in
> layaway. The shoe and handbag I had originally come in to buy as well as
> the things for a new born baby, I took it to the register and paid for
> all but since I had the bag and the shoesin the bag hanging in my left
> hand and knowing that I had broken a shoe , i was lossing my composure.
> At this point I paid for everything else but got the bag containing the
> shoes and left the store. I walked out and was about to put money into
> the bag I had brought into the store and could not find it because it
> was at my bag. then i realized I ahd the bag on my left had, turned to
> my left and walked three steps towards the door and was meet by securoti
> who asked me if I ahd taken anything that did not belong to me. almost
> melted and said the bag and I was going to pay for it. he denied, took
> me to a room and had me sign this papers and call the police. the belt
> had completely been taken out of my mind and so I did not tuen that in
> when he asked for any other thing. He had seen me broke the shoe and so
> when he brought it in, I could not deny. The shoes alone costed 49 or 59
> dollars. Even my own jacket that I had taken into the store was then
> questioned and because I throw my receiptes if I no longer will return
> my item, I am stock but at least i have two of such sweaters, one thick
> and red and the other light and black..the questioned jacket. Some of my
> stuff have tags because they have nevr been worn ot have worn once. this
> swaeter has been worn once and like a similar situation at a party, I
> had my tags taken off then because I did not tven remember not having
> taken it off. I feel so guilty on one hand because the broken shoe set
> me off balance and evrything I did around there, I panicked. I have had
> a clean record all my life, I even watched the videa at the store and
> did not belief it was me because I looked scared. Who will belief me
> when I say I was going to go pay for the items . I bought a lot from
> that store worth $370 that day and here I am having been bailed out of
> jail and not knowing what the futrur holdes because U have a court date
> in two weeks and right now have not gotten a lawyer. Ia slo, I will some
> legal advise because I am an asylee from east africa almost about to
> file for permanent residency and have been here for more that three
> years now, i also have school aspirations out of TX and do not know how
> all this will affect the situation. I have been asking myself what
> happened and why I left the house evn though I said I was not going to
> go out that day. This is a stain and a disgrace for life. I have thought
> about killing myself but cannot get to do that at all or my family will
> have as many orbotuaries in a week. what then are my options. To plead
> guilty and have this on my background check, go to jail or probation,
> how long does this stay on my record, when can I ever file for permanaet
> residency again, how can i regain my self esteem, can i EVER get citizen
> ship again.
> Please examine my life at this point and given me my options so i know
> if life is worth the dreams and aspirations again.I have been having a
> lot of problems this lat couple of months with my fiancee and family
> relations and I know I have not been ahappy person nor even want to talk
> to anyone.
> donald.
> --
See a lawyer.
> [I am an alien faced with a similar situation the writer is faced with.
> I have never before in my life taken or picked something that did not
> belong to me. I was arrested for shoplifitng at a department store for
> items worth $169.00. It started when I tried to put on shoes in the
> store that had a bucle and there was a tag on it which prevented my feet
> from geting in and so i tried to unbuckle the shoes and instead broke
> it. I started to panic as to what to do to the damaged shoes and so what
> I did was leave the shoe area with the shoes hanging on the shelf. When
> i walked a few bolocked and was Identified a lady who had done my hair
> about a year ago(someone whose No. I had been searching for) I paniced
> again and the belt I was measuring on, I left it on me without touhing
> in. I went to the layaway section of the store and put some things in
> layaway. The shoe and handbag I had originally come in to buy as well as
> the things for a new born baby, I took it to the register and paid for
> all but since I had the bag and the shoesin the bag hanging in my left
> hand and knowing that I had broken a shoe , i was lossing my composure.
> At this point I paid for everything else but got the bag containing the
> shoes and left the store. I walked out and was about to put money into
> the bag I had brought into the store and could not find it because it
> was at my bag. then i realized I ahd the bag on my left had, turned to
> my left and walked three steps towards the door and was meet by securoti
> who asked me if I ahd taken anything that did not belong to me. almost
> melted and said the bag and I was going to pay for it. he denied, took
> me to a room and had me sign this papers and call the police. the belt
> had completely been taken out of my mind and so I did not tuen that in
> when he asked for any other thing. He had seen me broke the shoe and so
> when he brought it in, I could not deny. The shoes alone costed 49 or 59
> dollars. Even my own jacket that I had taken into the store was then
> questioned and because I throw my receiptes if I no longer will return
> my item, I am stock but at least i have two of such sweaters, one thick
> and red and the other light and black..the questioned jacket. Some of my
> stuff have tags because they have nevr been worn ot have worn once. this
> swaeter has been worn once and like a similar situation at a party, I
> had my tags taken off then because I did not tven remember not having
> taken it off. I feel so guilty on one hand because the broken shoe set
> me off balance and evrything I did around there, I panicked. I have had
> a clean record all my life, I even watched the videa at the store and
> did not belief it was me because I looked scared. Who will belief me
> when I say I was going to go pay for the items . I bought a lot from
> that store worth $370 that day and here I am having been bailed out of
> jail and not knowing what the futrur holdes because U have a court date
> in two weeks and right now have not gotten a lawyer. Ia slo, I will some
> legal advise because I am an asylee from east africa almost about to
> file for permanent residency and have been here for more that three
> years now, i also have school aspirations out of TX and do not know how
> all this will affect the situation. I have been asking myself what
> happened and why I left the house evn though I said I was not going to
> go out that day. This is a stain and a disgrace for life. I have thought
> about killing myself but cannot get to do that at all or my family will
> have as many orbotuaries in a week. what then are my options. To plead
> guilty and have this on my background check, go to jail or probation,
> how long does this stay on my record, when can I ever file for permanaet
> residency again, how can i regain my self esteem, can i EVER get citizen
> ship again.
> Please examine my life at this point and given me my options so i know
> if life is worth the dreams and aspirations again.I have been having a
> lot of problems this lat couple of months with my fiancee and family
> relations and I know I have not been ahappy person nor even want to talk
> to anyone.
> donald.
> --
See a lawyer.
Oct 23rd 2002, 5:45 pm
#6
Guest
Posts: n/a
Re: Can I get my arrest expunged?
Your story doesn't seem to add up, a lawyer might be able to remove some of
the stain, but some will most likely remain permanently.
"manate" wrote in message
news:447228.1034899141@britishexpats-
.com...
> [I am an alien faced with a similar situation the writer is faced with.
> I have never before in my life taken or picked something that did not
> belong to me. I was arrested for shoplifitng at a department store for
> items worth $169.00. It started when I tried to put on shoes in the
> store that had a bucle and there was a tag on it which prevented my feet
> from geting in and so i tried to unbuckle the shoes and instead broke
> it. I started to panic as to what to do to the damaged shoes and so what
> I did was leave the shoe area with the shoes hanging on the shelf. When
> i walked a few bolocked and was Identified a lady who had done my hair
> about a year ago(someone whose No. I had been searching for) I paniced
> again and the belt I was measuring on, I left it on me without touhing
> in. I went to the layaway section of the store and put some things in
> layaway. The shoe and handbag I had originally come in to buy as well as
> the things for a new born baby, I took it to the register and paid for
> all but since I had the bag and the shoesin the bag hanging in my left
> hand and knowing that I had broken a shoe , i was lossing my composure.
> At this point I paid for everything else but got the bag containing the
> shoes and left the store. I walked out and was about to put money into
> the bag I had brought into the store and could not find it because it
> was at my bag. then i realized I ahd the bag on my left had, turned to
> my left and walked three steps towards the door and was meet by securoti
> who asked me if I ahd taken anything that did not belong to me. almost
> melted and said the bag and I was going to pay for it. he denied, took
> me to a room and had me sign this papers and call the police. the belt
> had completely been taken out of my mind and so I did not tuen that in
> when he asked for any other thing. He had seen me broke the shoe and so
> when he brought it in, I could not deny. The shoes alone costed 49 or 59
> dollars. Even my own jacket that I had taken into the store was then
> questioned and because I throw my receiptes if I no longer will return
> my item, I am stock but at least i have two of such sweaters, one thick
> and red and the other light and black..the questioned jacket. Some of my
> stuff have tags because they have nevr been worn ot have worn once. this
> swaeter has been worn once and like a similar situation at a party, I
> had my tags taken off then because I did not tven remember not having
> taken it off. I feel so guilty on one hand because the broken shoe set
> me off balance and evrything I did around there, I panicked. I have had
> a clean record all my life, I even watched the videa at the store and
> did not belief it was me because I looked scared. Who will belief me
> when I say I was going to go pay for the items . I bought a lot from
> that store worth $370 that day and here I am having been bailed out of
> jail and not knowing what the futrur holdes because U have a court date
> in two weeks and right now have not gotten a lawyer. Ia slo, I will some
> legal advise because I am an asylee from east africa almost about to
> file for permanent residency and have been here for more that three
> years now, i also have school aspirations out of TX and do not know how
> all this will affect the situation. I have been asking myself what
> happened and why I left the house evn though I said I was not going to
> go out that day. This is a stain and a disgrace for life. I have thought
> about killing myself but cannot get to do that at all or my family will
> have as many orbotuaries in a week. what then are my options. To plead
> guilty and have this on my background check, go to jail or probation,
> how long does this stay on my record, when can I ever file for permanaet
> residency again, how can i regain my self esteem, can i EVER get citizen
> ship again.
> Please examine my life at this point and given me my options so i know
> if life is worth the dreams and aspirations again.I have been having a
> lot of problems this lat couple of months with my fiancee and family
> relations and I know I have not been ahappy person nor even want to talk
> to anyone.
> donald.
> --
the stain, but some will most likely remain permanently.
"manate" wrote in message
news:447228.1034899141@britishexpats-
.com...
> [I am an alien faced with a similar situation the writer is faced with.
> I have never before in my life taken or picked something that did not
> belong to me. I was arrested for shoplifitng at a department store for
> items worth $169.00. It started when I tried to put on shoes in the
> store that had a bucle and there was a tag on it which prevented my feet
> from geting in and so i tried to unbuckle the shoes and instead broke
> it. I started to panic as to what to do to the damaged shoes and so what
> I did was leave the shoe area with the shoes hanging on the shelf. When
> i walked a few bolocked and was Identified a lady who had done my hair
> about a year ago(someone whose No. I had been searching for) I paniced
> again and the belt I was measuring on, I left it on me without touhing
> in. I went to the layaway section of the store and put some things in
> layaway. The shoe and handbag I had originally come in to buy as well as
> the things for a new born baby, I took it to the register and paid for
> all but since I had the bag and the shoesin the bag hanging in my left
> hand and knowing that I had broken a shoe , i was lossing my composure.
> At this point I paid for everything else but got the bag containing the
> shoes and left the store. I walked out and was about to put money into
> the bag I had brought into the store and could not find it because it
> was at my bag. then i realized I ahd the bag on my left had, turned to
> my left and walked three steps towards the door and was meet by securoti
> who asked me if I ahd taken anything that did not belong to me. almost
> melted and said the bag and I was going to pay for it. he denied, took
> me to a room and had me sign this papers and call the police. the belt
> had completely been taken out of my mind and so I did not tuen that in
> when he asked for any other thing. He had seen me broke the shoe and so
> when he brought it in, I could not deny. The shoes alone costed 49 or 59
> dollars. Even my own jacket that I had taken into the store was then
> questioned and because I throw my receiptes if I no longer will return
> my item, I am stock but at least i have two of such sweaters, one thick
> and red and the other light and black..the questioned jacket. Some of my
> stuff have tags because they have nevr been worn ot have worn once. this
> swaeter has been worn once and like a similar situation at a party, I
> had my tags taken off then because I did not tven remember not having
> taken it off. I feel so guilty on one hand because the broken shoe set
> me off balance and evrything I did around there, I panicked. I have had
> a clean record all my life, I even watched the videa at the store and
> did not belief it was me because I looked scared. Who will belief me
> when I say I was going to go pay for the items . I bought a lot from
> that store worth $370 that day and here I am having been bailed out of
> jail and not knowing what the futrur holdes because U have a court date
> in two weeks and right now have not gotten a lawyer. Ia slo, I will some
> legal advise because I am an asylee from east africa almost about to
> file for permanent residency and have been here for more that three
> years now, i also have school aspirations out of TX and do not know how
> all this will affect the situation. I have been asking myself what
> happened and why I left the house evn though I said I was not going to
> go out that day. This is a stain and a disgrace for life. I have thought
> about killing myself but cannot get to do that at all or my family will
> have as many orbotuaries in a week. what then are my options. To plead
> guilty and have this on my background check, go to jail or probation,
> how long does this stay on my record, when can I ever file for permanaet
> residency again, how can i regain my self esteem, can i EVER get citizen
> ship again.
> Please examine my life at this point and given me my options so i know
> if life is worth the dreams and aspirations again.I have been having a
> lot of problems this lat couple of months with my fiancee and family
> relations and I know I have not been ahappy person nor even want to talk
> to anyone.
> donald.
> --
Oct 28th 2002, 7:46 pm
#7
BE Enthusiast
Joined: Jul 2002
Location: Melbourne Fl
Posts: 458
see a lawyer, will probably be ok
Good Luck
Good Luck
Nov 7th 2002, 1:19 am
#8
Guest
Posts: n/a
Originally posted by simon bland
see a lawyer, will probably be ok
Good Luck
see a lawyer, will probably be ok
Good Luck
I have gotten hold of a lawyer who is dealing with the case and has made an appearancw on my behalf already. the thiing is the outcome of this case is not yet known because I am looking forwad to going to school out of state and do not know hat kind of judgement will apply. I have not even gotten the guts to even sleep. Will any one know th law wrt a charge in onre state and if gong to another state; the possible outcome? What even are the possible charges for a shoplifting first time offense case. truth is...did not enter store with preconceived idea. That is why i have never been able to sleep. I now have dull days because the possible outocme even with my immigraion status may shaken/deprive my future because of a charge caused by the fright of damaging a good while in the store. Please help!!! Life to me ended that day when I messed up an entire good life.........
Nov 7th 2002, 2:45 pm
#9
Guest
Posts: n/a
Re: Can I get my arrest expunged?
manate wrote:
> Will any one know th law wrt a
> charge in onre state and if gong to another state; the possible outcome?
> What even are the possible charges for a shoplifting first time offense
> case. truth is...did not enter store with preconceived idea.
This is something you must talk to the lawyer about.
> Life to me ended that day when I messed up
> an entire good life.........
Should have thought of the consequences a long time ago !
> Will any one know th law wrt a
> charge in onre state and if gong to another state; the possible outcome?
> What even are the possible charges for a shoplifting first time offense
> case. truth is...did not enter store with preconceived idea.
This is something you must talk to the lawyer about.
> Life to me ended that day when I messed up
> an entire good life.........
Should have thought of the consequences a long time ago !
Jul 30th 2003, 2:01 pm
#10
Just Joined
Joined: Jul 2003
Posts: 4
So, you are saying that the record was expunged or not? I am in a similar situation and the Judge denied my request fo expungement since the Commonwealth Attorney was a SOB and objected saying that it was Nols Pros once that means we have been lenient already!
Good Luck but please let us know what came out of it.
Good Luck but please let us know what came out of it.
