F1 visa Re-entry to the USA with an arrest record

[nikhilsadan]

Hello,

A friend of mine got arrested for Felony shoplifitng and was then put on a pre-trial diversion program , with a good attorneys help. Now the charges are going to be dismissed. (community service done) The person wants to go back home for summer vacations and plans to come back to continue studies.
The pre-trial officer said that charges will be dismissed.

Will the person face any problems during re-entry? (valid F-1 visa). during finger print scan, will the arrest record show up, even though charges have been dropped?

is it safe to even leave the country in the first place?

any help will be most appreciated

thanks.

[txh1b]

Community service as a part of plea bargain is considered a conviction for immigration purpose and shoplifting is CIMT. Criminal arrests have a completely different impact on citizens and immigrants. A good immigration attorney should be consulted than just criminal lawyers to get proper closure.

[nikhilsadan]

There was no plea bargain. The person did not stand before a judge or enter court. The pre trial program is a contractual agreement between the D.A and the client/lawyer, without judicial intervention. In such cases, it is not considered a conviction for immigration purposes.

I guess the key is the contents of the police report and the questions being asked at the port of entry. even if there are no convictions, admitting to some of the contents of the police report might be ground for conviction; admitting to CIMT.

any more help on this would be appreciated....especially if there is someone with prior knowledge and experience