Legally Reviewed by Attorney Simon Wiseman on September 22, 2026
A single criminal charge in Florida can put more than your freedom at risk, especially for those who are not U.S. citizens. For noncitizens, even a misdemeanor plea deal may trigger deportation proceedings, block a green card application, or prevent re-entry into the United States. The consequences often extend far beyond the courtroom, reaching into every part of your life, from your ability to work to where your family can live.
At Wiseman Law, we help clients throughout Orlando and Central Florida navigate criminal cases where immigration status is a factor. Attorney Simon Wiseman is a former prosecutor with more than two decades of criminal defense experience. When your future in this country depends on the outcome of a criminal case, the stakes demand a Lawyer who prepares for both consequences from the start.
Types of Offenses With Immigration Consequences
Federal immigration law sorts criminal offenses into categories that determine how they affect your status. Two of the most significant are crimes involving moral turpitude and aggravated felonies, but a handful of other charge types carry their own separate risks noncitizens need to understand before agreeing to any plea.
Crimes Involving Moral Turpitude
A crime involving moral turpitude, often called a CIMT, generally includes conduct considered dishonest or harmful. In Florida, this can include charges like theft, fraud, and certain types of assault. Even a single CIMT conviction may be enough to make you deportable if the offense carries a potential sentence of one year or more. Two or more CIMT convictions, regardless of severity, can also trigger removal proceedings.
Aggravated Felonies Under Immigration Law
The term “aggravated felony” has a broader meaning in immigration law than it does in Florida’s criminal courts. Offenses classified as felonies under state law, such as drug trafficking, certain theft offenses, and crimes of violence, may qualify. A conviction for an aggravated felony can permanently bar you from most forms of immigration relief, including asylum and cancellation of removal.
Drug Offenses, Domestic Violence, and Other Red Flags
Certain categories of criminal charges carry especially harsh immigration consequences, sometimes regardless of whether the offense is a misdemeanor or a felony. These include:
- Drug offenses, including simple possession of a controlled substance, which may result in deportation or inadmissibility under federal law.
- Domestic violence convictions, which create a separate ground for deportability for noncitizens admitted to the United States.
- Firearm offenses, where a conviction involving a weapon can independently trigger removal proceedings.
- Fraud-related charges, which may be treated as crimes involving moral turpitude and can block eligibility for naturalization.
- DUI charges, which are not automatically deportable offenses on their own but can still affect a pending visa or green card application if aggravating factors, such as injury to another person, are present.
Even a plea of no contest or a withheld adjudication may count as a conviction for immigration purposes. According to USCIS policy guidance, a withheld adjudication still qualifies as a conviction if you entered a guilty plea and the court imposed any form of punishment or restraint on your liberty. This distinction catches many people off guard, especially when they believe accepting a plea deal entirely resolved the matter.
Why Your Criminal Defense Strategy Must Account for Immigration
If you are a noncitizen, your criminal defense and immigration future are connected. A guilty plea negotiated without considering immigration consequences can do lasting damage. The U.S. Supreme Court recognized this in Padilla v. Kentucky, holding that a defense attorney has a duty to advise a client about the immigration impact of a guilty plea before it is entered.
Building a Defense Around Both Outcomes
An effective defense in these cases may involve negotiating plea terms to offenses that do not carry immigration penalties, seeking charge reductions to non-deportable offenses, or pursuing dismissals altogether. In some cases, resolutions such as pretrial diversion or later expungement may help mitigate the fallout from a prior arrest, though expungement addresses the state criminal record and does not automatically erase a federal immigration finding. Every case is different, and the right strategy depends on the specific charges, your immigration status, and your long-term goals.
Working Alongside Immigration Counsel
Wiseman Law focuses on Florida criminal defense. When a case carries potential immigration consequences, we coordinate closely with immigration counsel so that any plea negotiation reflects both the criminal exposure and the immigration risk, rather than treating them as separate problems solved one at a time. If you do not already have immigration counsel, we can help you understand what questions to ask before your next court date.
What to Do If You Are a Noncitizen Facing Charges in Florida
Time matters more in these cases than in a typical criminal matter, because a plea entered at arraignment without immigration advice can foreclose options that were otherwise available. A few practical steps can help protect your position:
- Do not accept a plea offer at your first appearance without first understanding how it will be classified for immigration purposes.
- Disclose your immigration status to your defense Lawyer so the defense strategy can account for it from the start, not after a plea is already on the record.
- Keep copies of every disposition, including any withheld adjudication order, since immigration authorities may evaluate the underlying facts even when a Florida court treats the case as resolved without a formal conviction.
These steps will not guarantee a particular immigration outcome, but they preserve options that a rushed plea can permanently close off.
Frequently Asked Questions About Criminal Convictions and Immigration Status
Does a withheld adjudication still count as a conviction for immigration purposes?
Often, yes. Federal immigration law defines a conviction more broadly than Florida criminal law does. If you entered a guilty or no contest plea and the court imposed any punishment or restraint, immigration authorities can treat it as a conviction even though Florida withheld formal adjudication.
Can a green card holder be deported for a Florida misdemeanor?
It depends on the offense. Some misdemeanors, particularly those involving moral turpitude, domestic violence, or controlled substances, can trigger removal proceedings even for a lawful permanent resident. Other low-level misdemeanors may carry little to no immigration risk, which is why the specific charge matters more than the label of felony or misdemeanor.
Will a criminal charge affect a pending green card or citizenship application?
A pending criminal charge can delay or complicate an immigration application even before a case is resolved, since USCIS may require the case to reach a final disposition first. Certain convictions can also independently block naturalization eligibility for a period of years or permanently, depending on the offense.
Can expungement remove the immigration consequences of a Florida conviction?
Expungement removes a qualifying record from public view under Florida law, but federal immigration authorities can still consider the underlying facts of an expunged case in some circumstances. Expungement can potentially help your overall record, but it should not be treated as a substitute for immigration-focused legal advice.
Should I tell my criminal defense attorney about my immigration status?
Yes. Under Padilla v. Kentucky, a defense attorney has a duty to advise you about the immigration consequences of a plea, but that advice can only be accurate if your attorney knows your status from the start. Disclosing it early allows your defense strategy to account for both the criminal and immigration stakes together.
Contact Wiseman Law for Help With Your Case
Attorney Simon Wiseman brings more than 26 years of trial-tested experience to criminal cases where the stakes go beyond a sentence. As a former state prosecutor who has tried over 100 jury and non-jury trials in Orange County, he knows how prosecutors build their cases and uses that knowledge to protect our clients’ rights and futures. Wiseman Law has earned a reputation for aggressive, detail-driven defense across criminal matters ranging from misdemeanors to first-degree felonies.
If you are a noncitizen facing criminal charges in Florida and are concerned about how a conviction could affect your immigration status, do not accept a plea deal before consulting with a defense Lawyer who can evaluate the full picture. Complete our contact form to speak with our criminal defense attorney and get a clear picture of your legal options.
About the Attorney
Founding Attorney, Wiseman Law
Simon Wiseman is a former Orange County prosecutor with more than 26 years of trial-tested experience in Florida criminal defense and personal injury law. He has tried over one hundred jury and non-jury trials and built Wiseman Law around aggressive, detail-driven representation for clients across Central Florida.