Petit Larceny 155.25 Case dismissed

[DesiManas]

I am based of New York and was charged under the Petit Larceny 155.25 and received a summon - Desk Appearance Ticket. Please note that I was not arrested and did not go to the Police Station. 

So, in the immigration question do I still have to mention that I was ever arrested and reveal the incident?

My attorney guided me to attend the class even before appearing in the court which I did and the case was dismissed under section 170.55 and the case is even sealed within two months. I did not have to do any community service.

According to the recent post of yours as below, do I still fall under any of this category. According to the judge the case was dismissed and sealed so was I still convicted according to the INA?

https://www.murthy.com/2017/09/25/pretrial-agreements-may-qualify-as-convictions-under-the-ina/

I am in the phase of transferring the H1B visa to the new employer so do I have to reveal this to them?

Will there be any possible issue under the current circumstances, as I am afraid the new company may back off if I will reveal this to them due to the H1B transfer.

The new company requires a lot of travel, so do I have to reveal the truth? and what are the consequences if I travel outside the country for the H1B stamping?

Please note that the case is already closed and sealed in March 2017.

Please guide me!

[pontevecchio]

You should discuss this with an Immigration Lawyer.

[pontevecchio]

What did you do to be charged with petty larceny? Turnstile jumping?

[DesiManas]

On 9/29/2017 at 1:07 PM, pontevecchio said:

What did you do to be charged with petty larceny? Turnstile jumping?

Thanks for seeing the post and attempt to assist. The case was regarding the Shoplifting.

[natan111]

Did you enter any plea? Did the judge give you any form of punishment or a condition to meet in order to dismiss the case? Did you admit to the facts of the incident? If the case had not been dismissed, would you have to enter a guilty plea? If the answer to all of the above is "no", you are probably okay. You still need to answer "yes" if asked about the arrest (or detention). If you admitted enough facts (or have to do so on the interview) to establish guilt and conviction for immigration purpose, you can still request "petty crime exemption".

[DesiManas]

5 hours ago, natan111 said:

Did you enter any plea? Did the judge give you any form of punishment or a condition to meet in order to dismiss the case? Did you admit to the facts of the incident? If the case had not been dismissed, would you have to enter a guilty plea? If the answer to all of the above is "no", you are probably okay. You still need to answer "yes" if asked about the arrest (or detention). If you admitted enough facts (or have to do so on the interview) to establish guilt and conviction for immigration purpose, you can still request "petty crime exemption".

No my attorney stated "Plea Not Guilty". We did not receive any punishment, nor any community service. The case was on standby as a standard for six month but we even negotiated and have it sealed within the first two months. 

I am in the phase of transferring the H1B visa to the new employer so do I have to reveal this to them?

Will there be any possible issue under the current circumstances, as I am afraid the new company may back off if I will reveal this to them due to the H1B transfer.

Please suggest and thanks for responding. 

[DesiManas]

No my attorney stated "Plea Not Guilty". We did not receive any punishment, nor any community service. The case was on standby as a standard for six month but we even negotiated and have it sealed within the first two months. 

I am in the phase of transferring the H1B visa to the new employer so do I have to reveal this to them?

Will there be any possible issue under the current circumstances, as I am afraid the new company may back off if I will reveal this to them due to the H1B transfer.

Please suggest and thanks for responding. 

[natan111]

The new employer is filing the H1B for you so you don't have to do anything. Of course, if they do ask you about any arrests you have to disclose it.

[DesiManas]

Thanks for the response. My question is will there be any potential problem in transferring the H1B visa and also when I will go for the stamping?

Appreciate your help.

[natan111]

As I said, there should be no problems in "transferring" of the visa as this will be in the hands of your employer. I don't know about the stamping part. I would not travel anywhere for at least 6 mo after the closure of the case. Traveling is ALWAYS risky and having a record of any kind doesn't help. Don't travel.