What Convictions Can I Get Deported For?
The five major categories of “deportable crimes” are:
- Crimes of moral turpitude,
- Aggravated felonies,
- Controlled substances (drug) offenses,
- Firearms offenses, and
- Domestic violence crimes.
Section 237 of the INA lists the crimes for which you can be deported.
Under Immigration Law, What Counts As A “Crime Of Moral Turpitude?” Will I Be Placed In Deportation Proceedings If I Have Been Convicted Of A Crime Of Moral Turpitude?
Crimes of moral turpitude are an unusually complicated area of immigration law. That is because the INA does not define what a “crime of moral turpitude” is.
Courts have defined moral turpitude as a corruption of the social basic duties that everyone owes to other people and to society as a whole–in other words, antisocial behavior that harms another person or the social good.
Just being convicted of a single crime of moral turpitude is not enough to make you deportable. Instead, you are deportable only if you either:
- Are convicted of a crime of moral turpitude for which a prison sentence of one (1) year or longer may be imposed, within five (5) years of being admitted to the U.S., OR
- Are convicted of two (2) or more crimes of moral turpitude that did not arise out of a single criminal scheme.
I Was Convicted Of A Crime, But It Was A “Minor” Crime. Does This Mean That I Won’t Be Deported?
Not necessarily, depends what you mean by minor crime. Even some misdemeanor offenses can get you deported so best to consult with criminal defense attorneys and immigration attorneys before taking any plea deal.
I Was Arrested But Not Convicted Of An Offense. Am I At Risk Of Deportation?
I Am Not A United States Citizen. I Have Been Convicted Of A Crime. What Should I Do?
Do not say anything as anything you say can and will be used against you in a court of law. Get yourself a criminal defense attorney immediately. Afterward, make sure you inform your criminal defense attorney that you are not a U.S. Citizen and inquire about how this will affect your immigration status. If criminal defense attorney is unsure have them or you directly reach out to an immigration attorney before you take any plea deal from the prosecutor. Under the U.S. Supreme Court case of Padilla v. Kentucky, 559 U.S. 356, (2010), criminal defense attorneys must advise noncitizen clients about the deportation risks of a guilty plea.
If An Undocumented Person Is Charged With A Crime In State Court And Is Eligible For A Deferred Adjudication With Dismissal, Should He Or She Take The Plea Offer?
No, it will depend on what the offense is. Always consult with criminal defense/immigration attorneys before taking any plea offer.
If There Was No Official Finding Of Guilt But You Pled Guilty Or No Contest (“nolo contendere”), Or If You Admitted Enough Facts For A Finding Of Guilt To Be Made And The Judge Ordered Some Sort Of Punishment, Penalty, Payment Of Court Costs, Or Restraint Of Liberty Against You, Are You Still Viewed As Having Been Convicted Of The Crime And Deported On That Basis?
This will still count as a conviction under immigration law. Whether you are deportable or not depends on if the crime falls under any of those listed under INA Section 237.
Is This True Even If The Plea Is Later “Withdrawn” After You Complete Court-Ordered Requirements Such As Drug Or Alcohol Rehabilitation Or Counseling?
If Someone Is Able To Have A Conviction On His Or Her Record Expunged, Will This Be Deemed As Excusable By Immigration?
No, a conviction is a conviction regardless of whether one’s record is expunged.
For more information on Criminal Convictions Leading To Deportation, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 532-5666 today.