Facing a shoplifting charge in North Carolina can be confusing and have a toll on your reputation and future endeavors. Get the best outcome for your situation by understanding your rights and options.
However, shoplifting can be even more damaging for non-US citizens; the consequences extend beyond the courtroom and may jeopardize immigration status, including green card applications, visa renewals, and even lead to deportation.
Contact a lawyer today and fight for a better resolution
Legal Framework:
- Crimes of Moral Turpitude (CMT):
Shoplifting is typically classified as a Crime Involving Moral Turpitude (CMT). Convictions for CMTs can result in:
- Inadmissibility: Difficulty entering or re-entering the U.S.
- Deportability: Risk of removal from the U.S.
- Impact on Immigration Benefits: Challenges in obtaining or renewing visas, green cards, or citizenship.
- Aggravated Felony (AF) Classification:
Under federal immigration law, certain theft offenses, including shoplifting, can be categorized as an Aggravated Felony if:
- The theft involves a sentence of one year or more, even if the sentence is suspended.
- The offense is considered a felony under state law.
An AF conviction leads to severe consequences, such as mandatory detention and a permanent bar from re-entering the U.S.
- Recent Legislative Changes:
The Laken Riley Act, signed into law in January 2025, mandates the detention of non-citizens charged with theft-related offenses, including shoplifting, without bond during immigration proceedings. This law applies regardless of the conviction status and can lead to prolonged detention and expedited deportation processes.
Practical Implications:
- Arrest and Detention: An arrest for shoplifting may trigger an Immigration and Customs Enforcement (ICE) detainer, leading to detention without bond.
- Court Outcomes: Even if charges are reduced or dismissed, the arrest record can still affect immigration status.
- Employment and Travel: A shoplifting charge can complicate employment opportunities and international travel due to the associated criminal record.
What to Do If Charged:
- Consult an Immigration Attorney: Seek legal advice immediately to understand the potential impacts on your immigration status.
- Avoid Pleading Guilty Without Counsel: A guilty plea can have long-term consequences; ensure you are fully informed.
- Explore Alternative Sentencing: Discuss options like diversion programs or deferred adjudication that may mitigate immigration consequences.
What to Do If You Are Guilty?
If you are a non-citizen and have pled guilty or believe you are guilty of a shoplifting charge, it is critical to act quickly to protect your immigration status. Guilty pleas can trigger severe consequences, including deportation, inadmissibility, or denial of future immigration benefits.
Steps to take:
- Do not ignore immigration consequences: Even minor theft charges can have major impacts for non-citizens.
- Consult an experienced immigration attorney immediately: A lawyer can review your case, explore options such as post-conviction relief, alternative sentencing, or motions to withdraw a plea in certain circumstances.
- Document everything: Keep records of the case, court proceedings, and any communications with law enforcement or ICE.
Working with a local attorney experienced in both criminal defense and immigration law is crucial. At Martine Law, we help immigrants navigate these complex situations and develop strategies to minimize legal and immigration risks. Contact us online for a confidential consultation.
Key Takeaways:
- Shoplifting charges can have serious implications for non-citizens in North Carolina.
- Understanding the classification of the offense and recent legislative changes is vital.
- Proactive legal counsel is essential to navigate the complexities and protect immigration status.
FAQs:
Can a shoplifting conviction lead to deportation?
Yes, especially if classified as a Crime Involving Moral Turpitude or an Aggravated Felony.
Does a dismissed shoplifting charge still affect immigration status?
Yes, the arrest record can still impact immigration proceedings.
What is the Laken Riley Act?
A 2025 law requiring detention without bond for non-citizens charged with theft-related offenses.
Should I plead guilty to a shoplifting charge if I’m not a U.S. citizen?
Consult with an immigration attorney before making any decisions.
Can I apply for a visa or green card after a shoplifting conviction?
It may be challenging; legal advice is recommended to assess eligibility.