Deportable offenses are the criminal categories that immigration law treats as grounds for removal, and they do not line up with how serious a charge looks in state court. If you are not a U.S. citizen, an arrest, a guilty plea, or even the way your case is closed can affect your permanent residence, your citizenship application, your visa, or a family petition already in process.
The question we hear most often at our Orlando office is whether a DUI can cost someone their green card. The honest answer has two layers. One is the category the conviction falls into. The other is what happens from the moment of the arrest, which does not always wait for the criminal case to end.
What Counts as a Conviction in Immigration Law, Even When Florida Court Says Otherwise?
Immigration law carries its own definition of conviction, and it does not follow the state label. Under the federal definition, a conviction exists when a judge or jury finds the person guilty, or the person pleads guilty or nolo contendere or admits facts sufficient to support a finding of guilt, and the judge orders some form of punishment, penalty, or restraint on liberty.
That includes Florida’s withhold of adjudication. Under state law, that outcome avoids a formal record of conviction, which is why many people leave the courthouse believing nothing happened. For immigration purposes, if there was a plea and the judge imposed probation, a fine, or any condition, a conviction exists.
The gap between those two readings explains most of the cases that fall apart years later, at a naturalization interview or during a routine renewal. The criminal file was closed. The immigration file was not.
Can a DUI Get You Deported?
The name of the charge does not answer that question. Immigration law does not work from a list of crimes. It works from categories, such as a crime involving moral turpitude, an aggravated felony, a controlled substance offense, or domestic violence.
Whether a specific case lands in one of them depends on the exact wording of the statute of conviction and on the sentence imposed.
That is why the charge-by-charge tables circulating online offer a comfort the file does not support. Two people accused of the same crime, under the same name, can end up in opposite immigration positions depending on how the charge was written, what sentence the judge imposed, and what record existed before.
The legal category is also only half the story. An arrest puts a person into the federal data system from day one. In Florida, where local police and federal immigration authorities work in coordination, that contact can open an immigration case that did not exist before.
In the practice we see today in Orlando, a DUI arrest has been enough to trigger detention and the start of a case, even when the charge was later dropped. People asking about deportable offenses are usually thinking about the sentence. The exposure starts well before it.
What Does Immigration Look At When the Criminal File Closes?
When the criminal case ends, immigration does not read the headline. It reads the document. How the file closes is what defines what the government can do afterward, and it does not always match what state court considers a good outcome.
| How the file closes | What Florida court says | What immigration can still do
|
|---|---|---|
| Arrest with no charges filed | No case | The arrest sits in the federal system and can lead to detention |
| Charges dropped or dismissed | No conviction | The arrest stays in the record and is disclosed on every later filing |
| Withhold of adjudication with a plea and probation | No formal conviction | Generally counts as a conviction for immigration purposes |
| Guilty plea with a sentence imposed | Conviction | Conviction, and the sentence length can trigger harsher categories |
Two elements drive much of the outcome when there is a conviction. The sentence imposed matters because several categories trigger at the one-year mark even when the time is suspended. The date of admission matters because a crime involving moral turpitude committed within five years of admission can make a lawful permanent resident deportable.
One more factor no table can predict: discretion. ICE decides who gets detained, the prosecutor decides what to charge and how to word it, and the immigration judge hearing the case decides on bond and on any relief you request. That is why two similar files end differently.
What Can You Do in the First 48 Hours After an Arrest?
Before worrying about which deportable offenses apply, handle the first decisions in the right order. Tell your criminal defense attorney that you are not a citizen. That single fact changes the whole strategy, because a plea that reduces jail time is sometimes the worst possible deal in immigration terms.
Do not rush the release. Posting bond in the criminal case does not always mean going home. If federal authorities have filed an immigration detainer, leaving county jail can speed up the transfer to immigration detention, where the process works differently from the criminal system.
Keep every piece of paper: the arrest report, the case number, the list of charges, and anything handed to you on release. Without those documents, measuring the real immigration impact takes weeks you may not have.
When the criminal case and the immigration case move at the same time, coordination between them decides the result. That intersection is what attorneys call crimmigration, and it is the reason deportation defense and criminal defense should not be planned separately.
Frequently Asked Questions About Criminal Charges and Immigration
If the prosecutor drops the charges, is the immigration problem gone?
A nolle prosequi means the prosecutor chose not to move forward, and without a plea or an imposed penalty there is no conviction for immigration purposes. The arrest still appears in the record, is disclosed on later filings, and on its own can prompt detention, so keep the paperwork showing how the case ended.
Do I have to disclose an arrest if I was never convicted?
Immigration forms ask about arrests, detentions, and charges, not only convictions. Leaving out an arrest can be read as a lack of candor, and that usually causes more damage than the underlying incident. Disclose it and explain it, with the documents that show the disposition.
Which deportable offenses affect a green card holder the most?
The categories that most often reach lawful permanent residents are crimes involving moral turpitude, aggravated felonies, controlled substance offenses, and domestic violence. Whether a charge lands in one of them turns on the statute of conviction and the sentence imposed, and detention can happen before that analysis is done.
Does sealing or expunging a Florida record help?
Sealing or expunging under Florida law has limited effect in immigration matters, because the federal government can still consider the conduct and the original disposition. A sealed file is not the same as a case that never existed before USCIS or an immigration court.
What if I already signed a plea without knowing this?
It depends on what you signed and when. The law allows for post-conviction motions in specific circumstances, with strict requirements on timing and grounds. Whether that path is available depends on the file, so the first step is a full review by an attorney.
Review Your Case Before the Next Court Date
If you already have a hearing date or a notice in hand, time works against you. At Angel Law Firm, you speak with an attorney about your case from the first consultation. Call (407) 329-7711 or reach our Orlando office to review your options.
A Minor Charge Closes in Weeks, but the Immigration Effect Lasts Years
Deportable offenses are not a fixed list you can check at a glance, and a fast plea is not the same as a safe one. Between those two ideas sits the decision you will make in the next few days: which agreement you accept, what you disclose, and which attorney reviews both sides of the file. If someone in your household is facing an open criminal case and is not a U.S. citizen, that review cannot wait for the next hearing. Their removal proceedings risk is being decided right now, in the criminal courtroom.
This content is for general information only. It is not legal advice and does not create an attorney-client relationship. Every case depends on its own facts and on the law in effect when it is filed. To discuss your situation, contact Angel Law Firm at (407) 329-7711.
