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Regarding L1 visa post Retail Theft (withdrawn)

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  • Regarding L1 visa post Retail Theft (withdrawn)

    I was charged with Retail Theft (Summary offense) in April 2012 in Pennsylvania but no arrest was made (I am not sure if cop coming to mall is as good as arrest). I panicked and came back to India. I did not even go for fingerprint as that time I was not in country.

    Later the case was withdrawn. But somehow my criminal lawyer forgot to file for expungement. My current employer in India is filling my L1 Visa later this month. So, I am a little concerned that without expungement, even though there is no criminal record is there, criminal complaint may show up in background check.

    My criminal lawyer has filed for Criminal Record Check yesterday and once he gets that he will file for expungement.

    I have doubts if I shall ask my existing employer to wait for few months until expungement is done or it does not matter as case was withdrawn and no fingerprinting was done. But as SSN and date of birth of birth is there on Private Criminal Complaint, can it be an issue in background check.

    Also cop did come to mall, so is that as good as arrest being made ?

    Regards,
    Last edited by harpal645; 07-12-2016, 02:39 PM. Reason: typing mistake

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