Will it effect on getting green card?Can I seal and expunge my records?

Thank you for your inquiry. From the description you have provided in your inquiry, I believe that the answer to your questions that the incident WILL NOT have any immigration consequences. When a foreign national applies for a visa to come to the US, she must establish that she is not inadmissible to the US. Inadmissibility refers to a long listing of occurrences or situations in one’s past (or perhaps in one’s future) which would make the foreign national “undesirable” in the US. This can refer to past transgressions with the law, problems with drugs or alcohol, national security issues, likelihood that an individual will need to resources of public assistance to provide for her support, membership in certain political parties or organizations and similar concerns. Perhaps the most common of these concerns relate to run ins with law enforcement. Keep in mind that arrests and convictions outside of the US are every bit as important as problems which occur here in the US. When we are dealing with crimes and US immigration law, we are generally concerned with crimes considered “crimes involving moral turpitude” (CIMT’s), offenses relating to drugs and controlled substances, offenses relating to firearms and offenses relating to domestic violence or child abuse. Please note that this description is very generalized and the consideration of what offenses may cause what kind of problems is much more complicated that this response lets on. In your case, you have been convicted of a theft offense. Generally, theft offenses are considered CIMT’s. This is a very general consideration, however, and there are theft offenses which do not necessarily involve moral turpitude. You reside in Florida, which is in the Eleventh Circuit Court of Appeals and there is a case that was decided by the Eleventh Circuit that describes how some theft offenses MAY NOT be considered a CIMT. In your case, however, consideration of this case does not matter. Your “out” here is something called the “petty offense” exception. This is a provision of the Immigration and Nationality Act which provides that if an individual is convicted of one CIMT, the individual may not be considered as inadmissible to the US if two elements are met : (1) the maximum punishment which can be handed down for that offenses is no more than 12 months of imprisonment and (2) that the actual sentence imposed is no more than 6 months (whether the sentence is suspended or not). Having a bit of familiarity with the Florida provision in question, it would appear that the offense you have described would fit within the confines of the petty offense exception and that you would not have a problem with this incident during the processing of an application for adjustment of status. Now with that said, I cannot stress enough the importance of finding a knowledgeable attorney who can review your records and make an actual determination of the consequences which may or may not apply as a result of the incident you described. Don’t accept “don’t worry” as a response to this question. Someone with the right background and experience should be able to provide you with a detailed answer explaining to you why the incident is not a problem. Also important to mention is that you must absolutely admit that you have been arrested when asked on any immigration applications — both for residency and for naturalization. Expunging the criminal record DOES NOT make it disappear for immigration purposes. However, expunging the record can provide a basis by which you do not have to admit the existence of the incident when applying for certain jobs. Again, this seems like a different response to the same question, but this is the way it works. The State of Florida considered an expunged record in one way while the immigration authorities consider the same record as something else. Be careful. Find a good attorney, they are out there. Good luck.