Legal Question in Immigration Law in Massachusetts

a dismissal still considered a conviction for immigration purposes?

Is paying restitution and getting a dismissal still considered a conviction for immigration purposes?

This person was given pre-trial probation, never entered a plea in court and the case was later dismissed after he paid $30 to the store where he pumped gas and left without paying. This happened in Massachusetts by the way. He's 31 years-old and has been a legal permanent resident since age 4. He's worried that he will not be able to apply for citizenship. Someone told him he can apply for citizenship, but he needs to wait and show 5 years of good moral character counting from the last day he was in court. Also will he be able to travel and re-enter the US even though he wasn't convicted and didn't get a jail sentence? He's my best friend and he's a good quiet guy who made a dumb mistake.


Asked on 5/31/08, 1:32 pm

1 Answer from Attorneys
Melina Merino Attorney Melina Merino

Re: a dismissal still considered a conviction for immigration purposes?

Generally, pre-trial probation in MA would not constitute a conviction for immigration purposes. However, that being said, your friend should get copies of his docket sheets and have them reviewed by an experienced immigration attorney so he or she can better determine what consequences (if any) that criminal charge would have on his green card holder status and on his application for citizenship. If you have any further questions, feel free to contact me.

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Answered on 6/05/08, 4:08 pm


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