Legal Question in Criminal Law in Virginia
Petit Larceny - minor
Our 17 year old son has been charged with Petit Larceny. This is his first offense.
We would like to know if we need to hire a lawyer, what sentence can he get, and
how this may affect with college applications and eventually job search.
What does ''seal a record'' mean?
We are inmigrants on G4 visas, how can this affect our son's inmigration status?
Thank you for your time.
2 Answers from Attorneys
Re: Petit Larceny - minor
When facing a criminal charge where there is the possibility of jail time hiring a lawyer is the safe thing to do. Petit larceny is a class 1 misdemeanor for which the maximum penalties are 12 months in jail and a $2,500 fine. For a first offense it is quite possible that he will not receive jail time if convicted. However if he is convicted the charge will stay on his record and depending on the questions asked by colleges and employers he may have to disclose it. Records can be sealed or made not available to the public, but that is typically done for court files and is not a normal part of criminal cases, however misdemeanors committed by juveniles are typically not available to the public. I have had experience dealing with clients with immigration issues, but I can't speak to the specific question you asked.
Re: Petit Larceny - minor
Petty larceny is what U.S. immigration auhorities considers a crime involving moral turpitude (CIMT)and a conviction for such a crime could present problems for your son should he attempt to adjust his immigration status at some future time to lawful permanent resident(green card)or apply for naturalization as a U.S. citizen, either of which process could bring such a conviction to the attention of the USCIS and possibly even result in his being placed in removal proceedings.
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