Legal Question in Criminal Law in New York

Travelling after completing probation

My cousin was convicted of a misdemeanor for grand larceny little over three years ago and was sentenced to 3yrs probation and restitution. She just completed her 3yrs probation and would like to visit her family in the United Kingdom for 3weeks. She asked her probation officer if there would be any problems with her traveling overseas now that her probation is over. The probation officer informed her that she did not see any problems with her traveling. However, I am very concerned that if my cousin leaves the country she may have a hard time coming back into the United States because she has a misdemeanor record. My cousin is not a US citizen but a legal permanent resident with a valid green card, living in the United States for 12yrs. And has been working almost as long as she has been in this country. This was her first and only crime (mistake), and she has not been in trouble since.

Should she be concerned about traveling out of the country if she has a misdemeanor record? and if so, is there anything she can do about it?

Thank you.


Asked on 7/18/01, 10:04 am

1 Answer from Attorneys
Peter Bark Bark & Karpf

Re: Travelling after completing probation

Your cousin ws probably convicted of Petit Larceny because Grand Larceny is a felony. Although it is probably safe to travel out of the country, I would not chance without being 100 per cent sure. Customs may have the record incorrect, showing Grand Larceny and might hold your cousin for a period of time until it is cleared up. In addition Petit Larceny may be considered a crime involving moral turpitude which would bar her readdmission. Have your cousin consult with an immigration lawyer first. The stakes are too big to take a chance.

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Answered on 7/19/01, 3:31 pm


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