Can a shoplifting or theft charge affect my immigration status?

This page answers common questions about shoplifting and theft. It is general information, not legal advice. Every case is different, so please get advice about yours.

Could a shoplifting citation lead to detention?

It might, for some people. A federal law called the Laken Riley Act took effect on January 29, 2025. It says immigration authorities must detain certain noncitizens who are charged with, arrested for, convicted of, or who admit to burglary, theft, larceny or shoplifting. No conviction is needed.

It applies to people who are inadmissible because they:

• are in the U.S. without having been admitted or paroled (for example, crossed without inspection),
• used fraud or a lie to get an immigration benefit, or
• lack a valid visa or entry document.

In California, a misdemeanor citation where you sign a promise to appear is legally a release after an arrest. Whether that counts as "arrested for" shoplifting under the federal law is a question for a lawyer. Ask right away.

Could it lead to deportation?

It depends on your status and on how the case ends.

If you have a green card, a theft conviction can make you deportable in some cases:

• one crime involving moral turpitude committed within five years of being admitted, if the crime can carry a sentence of one year or more,
• two or more convictions for crimes involving moral turpitude, in some cases, or
• a theft conviction with a sentence of one year or more, which is an "aggravated felony."

The Board of Immigration Appeals says a theft is a crime involving moral turpitude when the person meant to take the property permanently, or in a way that substantially erodes the owner's rights (Matter of Diaz-Lizarraga, 2016). Many theft charges can fit that test. Whether your exact charge does is a question for your lawyer. See What is a crime involving moral turpitude?

California misdemeanors now carry a maximum of 364 days. That one day matters for the one year rules. A felony theft charge, which Prop 36 now allows for some repeat thefts, carries more risk. See Why the length of a sentence matters.

If you do not have papers, a theft conviction can block future options, like a green card through family or relief in immigration court. There is a narrow "petty offense" exception for a single crime that cannot carry more than a year and where the sentence was six months or less. Ask a lawyer if it fits.

If you have DACA, see Keep your DACA and talk with a lawyer before your next renewal.

Can it hurt my citizenship application?

Yes. To become a citizen, you must show good moral character. A conviction for a crime involving moral turpitude during that time can bar you. Admitting acts that never led to a charge can also be counted against you. See Applying for citizenship with an arrest or record.

Is there a way to resolve the case that is safer?

Often, yes. Immigration law counts a case as a "conviction" when you plead guilty or no contest, or are found guilty, and the court orders some penalty or restriction. Ask your defense lawyer about:

• a different charge with less immigration risk,
• a diversion program that does not require a guilty or no contest plea,
• keeping any sentence under one year, and at six months or less if you can.

California law requires your defense lawyer to give you accurate advice about immigration effects and to defend against them when that fits your goals. Prosecutors must also consider avoiding immigration effects during plea talks. See Before you take a plea deal.

Do I have to pay for a defense lawyer?

No, not if you cannot afford one. At your first court date, the judge must tell you that you have the right to a lawyer. If you want one and cannot pay, the court must give you one (Penal Code 987). In most counties that is the public defender. Ask for one, and tell them right away that you are not a U.S. citizen.

What is diversion, and can it help?

Diversion lets a case end without a conviction if you finish what the court asks, such as a class or community service. In California, a judge can offer misdemeanor diversion for most charges, even if the prosecutor objects. It can last up to 24 months. If you complete it, the judge must dismiss the case (Penal Code 1001.95). Some charges cannot get it, such as domestic violence, stalking, or charges that would require sex offender registration.

Why it matters for immigration: federal law counts a "conviction" when there is a guilty or no contest plea, or a finding of guilt, plus a penalty. A diversion with no plea may avoid that. But the Laken Riley Act can still apply to a charge or arrest for theft. Ask your lawyer whether a diversion in your county requires a plea, and what it means for you.

The store sent me a letter asking for money. Should I pay?

Stores can send a "civil demand" letter. Under California law, a store can seek $50 to $500 from an adult who took merchandise, plus the item's value if it was not returned in good condition (Penal Code 490.5). This is separate from the criminal case. Paying it does not close the criminal case.

Do not pay, sign or write anything about what happened until your lawyer has seen the letter.

I already pleaded. Is it too late?

Not always. If you are no longer in criminal custody, California lets you ask the court to undo a conviction or sentence when you did not understand its immigration effects (Penal Code 1473.7). The court has an optional form, CR-187, filed in the superior court of the county where you were convicted. Do this with a lawyer. You must act with reasonable speed once you get a Notice to Appear or a removal order. See Ways to fix an old California conviction.

What does this look like?

Example (made up to show the steps): Ana has a green card. A store guard stops her with $60 of makeup. Police give her a citation with a court date.

1. Ana says nothing about what happened and signs only the citation.
2. The store mails her a letter asking for $250. She keeps it and does not pay yet.
3. At her first court date she asks for a public defender and says, "I am not a U.S. citizen. I need immigration advice."
4. Her lawyer asks the judge for misdemeanor diversion. Ana finishes a class, and the case is dismissed.
5. Before her next immigration filing, she brings the dismissal papers to an immigration lawyer.

Every case is different. The point is the order: stay silent, get a lawyer, say you are not a citizen, and decide nothing until you have immigration advice.

What should I do now?

1. Write down your court date and plan to be there.
2. Call a defense lawyer or the public defender. Say right away that you are not a citizen and need immigration advice.
3. Do not plead or pay to close the case until you have that advice.
4. Stay silent about the facts with everyone except your lawyer.
5. Make a family plan in case of detention. See Make a family preparedness plan and Get a free know your rights red card.

A mistake does not define you. Getting the right advice now can protect your family and your future here.

Who can help?

These are free or low cost public offices and nonprofits. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Your public defender or criminal defense lawyer. Tell them you need immigration advice.
• Community Legal Services in East Palo Alto (CLSEPA): immigration help for low income residents of San Mateo and Santa Clara counties. 650-326-6440. clsepa.org/services
• State funded immigration legal help: the California Department of Social Services provider map, or call (916) 651-8017.
• More options: Free or low cost immigration legal help in the Bay Area.