Getting charged with shoplifting can feel overwhelming, especially for immigrants who are worried about far more than fines or a criminal record. Immigration consequences can weigh heavier than the criminal penalties themselves, and many people facing this situation have the same question: “Can you be deported for shoplifting?”
The answer depends on several factors, including the value of the merchandise involved, the outcome of the case, and your current immigration status.
What Is Considered Shoplifting Under New Jersey Law?
Both criminal and immigration law are relevant to determine when shoplifting triggers removal proceedings. New Jersey’s legal definition of shoplifting covers several acts, including:
- Taking merchandise without paying full price
- Concealing items on your person
- Switching price tags
- Transferring goods between containers to avoid paying full value
- Under-ringing the price of items at checkout
- Removing a shopping cart from store property without permission
New Jersey grades shoplifting offenses according to the value of the merchandise involved:
- Disorderly persons offense – Merchandise valued under $200
- Fourth-degree crime – Merchandise valued between $200 and $500
- Third-degree crime – Merchandise valued over $500 but under $75,000
- Second-degree crime – Merchandise valued at $75,000 or more, or theft connected to an organized retail theft enterprise
The grading of a shoplifting conviction plays a direct role in how immigration authorities evaluate the offense. A low-level disorderly persons charge carries very different consequences than an indictable crime of the fourth, third, or second degree.
Does an Arrest for Shoplifting Automatically Lead to Deportation?
No. An arrest or accusation alone will not trigger deportation. Immigration consequences generally apply only after a conviction. An arrest is separate from a formal finding of guilt, and prosecutors frequently agree to downgrade or dismiss shoplifting charges, especially for first-time offenders.
This distinction is particularly important for non-citizens. Charges that get dismissed or downgraded to a minor violation typically will not count for immigration purposes. That’s why fighting these charges early, before they become convictions, is often the best way for non-citizens to avoid immigration consequences.
Can a Shoplifting Conviction Lead to Deportation?
The consequences of a shoplifting conviction on immigration status depend heavily on the potential sentence the charge carries and the sentence the court actually orders.
Aggravated Felonies
Any shoplifting conviction can lead to deportation if the imposed sentence is a year or more, even if it is suspended. Petty shoplifting offenses charged as disorderly persons offenses, the lowest grading level under New Jersey law, typically don’t qualify because they only carry maximum penalties of six months in jail. However, shoplifting crimes charged as indictable offenses (felonies) start at a potential sentence of 18 months.
Crimes Involving Moral Turpitude (CIMTs)
This isn’t the only time shoplifting is considered a deportable offense, though. Immigration law treats certain offenses as crimes involving moral turpitude (CIMTs). Shoplifting convictions often fall into this category because they involve dishonesty or an intent to defraud.
A single CIMT conviction can lead to removal proceedings if the offense has a potential sentence of at least a year and was committed within five years of the person entering the U.S. A non-citizen who accumulates multiple theft- or dishonesty-related convictions faces increased risk with each new charge.
Does the Petty Offense Exception Protect Someone Charged with Shoplifting?
Federal immigration law includes a provision called the petty offense exception. Unfortunately, this doesn’t prevent deportation, as it only applies to immigrants trying to get a visa, enter the U.S., or change their status.
This exception protects certain non-citizens from inadmissibility even after a CIMT conviction as long as all of the following apply:
- Single offense – The person has committed only one CIMT.
- Maximum penalty – The offense carries a maximum possible sentence of one year or less.
- Actual sentence – The court imposed a sentence of six months or less.
However, because the petty offense exception applies only once, a second CIMT conviction of any kind eliminates this protection entirely.
How Shoplifting Can Affect Different Immigration Statuses
Shoplifting consequences on immigration status vary widely depending on your current standing in the country. Here’s a breakdown of how a shoplifting conviction could affect you:
- If you’re a lawful permanent resident (green card holder), an indictable offense or CIMT conviction could jeopardize your green card status or naturalization, particularly if it happens within five years of admission.
- If you’re a visa holder, a conviction could affect your legal standing, visa renewal, adjustment of status applications, or re-entry into the US after travel abroad.
- If you’re a DACA recipient or other deferred action recipient, a conviction could disqualify you from renewing deferred action, since DACA requires you to avoid significant criminal history.
- If you’re an asylum seeker or refugee, a conviction could complicate pending asylum claims and may factor into a judge’s assessment of good moral character.
- If you’re an undocumented immigrant, a conviction adds another basis for removal proceedings and could eliminate your eligibility for future relief.
- If you’re applying for citizenship, a conviction could derail your naturalization process, since applicants must demonstrate good moral character during the statutory period before filing.
How a New Jersey Criminal Defense Lawyer Can Help Protect Your Immigration Status
The team at the Law Offices of Jonathan F. Marshall has over 250 years of combined experience defending clients throughout New Jersey. Our 20 attorneys focus exclusively on criminal defense, and many of us previously served as local prosecutors in more than 25 New Jersey towns. That extensive experience means we have valuable insights into how the government evaluates shoplifting cases and where opportunities exist to negotiate downgrades or dismissals before a conviction ever touches your record.
Our firm has helped numerous clients get shoplifting charges downgraded to municipal ordinance violations or dismissed entirely in courts across the state.* Here’s what one client had to say about working with our criminal defense attorneys on their shoplifting case:
“I hired Mr. Marshall to defend a shoplifting case. He was very confident and it made me feel better but I was a wreck. Thank God he got the case dismissed because I definitely would have lost my job and had a lot more problems. I would recommend him if you have a similar situation or criminal case.” – Anonymous
Call Our Criminal Defense Lawyers Today to Get Legal Help
If you are facing shoplifting charges and feeling worried about how they could affect immigration status, don’t wait to get help. The choices you make in the early stages of your case, including whether to fight the charge or accept a plea, can determine whether it becomes a deportable offense.
Contact the Law Offices of Jonathan F. Marshall now for a free consultation with a member of our criminal defense team, and let us put our experience to work for you.
*Each case is unique, and past results do not guarantee future outcomes.
