Can a Shoplifting Conviction in Chicago Lead to Deportation?

Why Even a Minor Theft Case in Chicago Can Threaten Your Immigration Status

As a Chicago criminal defense attorney, I’ve seen countless individuals underestimate the seriousness of a shoplifting charge. In neighborhoods across the city—from Wicker Park to Uptown—people are arrested daily for retail theft, often believing it’s a simple misunderstanding that can be “cleared up.” Unfortunately, Illinois law treats these offenses harshly, and for non-citizens, the implications can be devastating.

Retail theft under 720 ILCS 5/16-25 occurs when a person knowingly takes or attempts to take merchandise from a retail establishment without paying the full price. Even concealing an item while inside a store can be enough to trigger a charge. The value of the property determines whether the case is a misdemeanor or felony.

If the merchandise is valued under $300, it’s a Class A misdemeanor, punishable by up to one year in jail and a fine up to $2,500. If it exceeds $300, or if the person has a prior theft conviction, it becomes a Class 3 or Class 4 felony, which can result in a prison term of one to five years.

These are serious enough penalties—but when immigration law comes into play, the consequences become life-altering. Federal law defines certain crimes, including theft, as crimes involving moral turpitude (CIMTs). Even a single conviction for such an offense can make a person deportable under 8 U.S.C. §1227(a)(2)(A)(i), especially if the potential sentence is at least one year.

For many immigrants, that means a single shoplifting conviction in Illinois can result in being detained by ICE, losing lawful status, or being permanently barred from the United States. The risk is too high to face these charges without experienced counsel.

How Shoplifting Investigations and Arrests Happen in Chicago

In Chicago, retail theft cases often start with store security or loss prevention officers who suspect someone of concealing merchandise or tampering with price tags. Once detained, security may call the Chicago Police Department, who arrive to investigate.

The police collect evidence such as surveillance video, the alleged stolen items, and written statements from store employees. If the evidence supports probable cause, officers will either issue a citation for misdemeanor theft or make a full custodial arrest.

At the station, fingerprints and photographs are taken. The case is then referred to the Cook County State’s Attorney’s Office, where prosecutors decide whether to file formal charges. The accused is scheduled for a bond hearing, where a judge determines whether to release them pending trial.

From this point on, the accused must appear in court for arraignment, pretrial hearings, and possibly trial. Each of these stages offers opportunities for a defense lawyer to intervene—to challenge the arrest, suppress evidence, or negotiate a resolution that avoids conviction.

In my practice, I’ve found that early intervention often makes all the difference. When clients contact me right after arrest, I can work to secure surveillance footage before it’s deleted, interview witnesses while their memories are fresh, and begin negotiations before formal charges are finalized. Once the charge is on record, the stakes—especially for immigrants—grow significantly.

The Immigration Consequences of Retail Theft in Illinois

Immigration law does not distinguish between minor and major thefts the way state law does. A single conviction for a crime involving moral turpitude can result in removal (deportation) if:

1. The offense carries a potential sentence of at least one year; and
2. It was committed within five years of the person’s admission to the U.S.

Additionally, if someone is convicted of two CIMTs, even years apart, they can be deported under 8 U.S.C. §1227(a)(2)(A)(ii). Theft-related crimes nearly always qualify because they involve intent to permanently deprive someone of property.

Even deferred judgments or guilty pleas that result in supervision can be treated as convictions under immigration law, since the definition of a conviction under 8 U.S.C. §1101(a)(48)(A) includes any formal admission of guilt with the imposition of a penalty or restraint.

For example, I represented a permanent resident who pled guilty to a misdemeanor theft offense and received court supervision. Although this spared them from a state conviction, immigration authorities still treated it as a conviction, initiating removal proceedings. We successfully filed a post-conviction motion to vacate the plea, but that situation could have been avoided with the right advice upfront.

For non-citizens, protecting immigration status must be a top priority. Every plea deal must be analyzed not only for its criminal outcome but for how immigration authorities will interpret it.

A Chicago Example: How a Smart Defense Avoided Deportation

A client from Little Village was accused of stealing designer clothing valued at $450 from a department store. Because of the value and a prior misdemeanor theft charge, prosecutors filed a Class 3 felony. The client was a DACA recipient with no other criminal record, studying at a local college.

We immediately focused on the lack of direct evidence. The store’s video footage showed her handling items but not clearly concealing them. The loss prevention officer admitted he lost sight of her for several minutes before the stop. We filed a motion to exclude statements made before Miranda warnings and challenged the probable cause for the detention.

During negotiations, I presented the client’s background, education, and community ties. We ultimately secured an agreement for a deferred prosecution program, which required community service and an anti-theft seminar. Upon completion, the case was dismissed.

Because there was no conviction, her DACA status remained intact. That outcome reinforced an important point: in Chicago’s criminal courts, skilled advocacy can protect not just a record—but a life built in the United States.

The Illinois Criminal Defense Process: Why Each Step Matters

The Illinois criminal process is complex. Every phase—from the initial investigation through sentencing—has unique legal risks.

At arraignment, the charges are read, and the defendant enters a plea. In pretrial, the defense reviews evidence, files motions, and seeks to exclude illegally obtained evidence. If the case proceeds to trial, the prosecution must prove guilt beyond a reasonable doubt before a judge or jury.

Even after conviction, there are post-trial remedies such as appeals and post-conviction petitions to correct constitutional errors or improper pleas.

Throughout this process, a skilled defense attorney is essential. The prosecution’s evidence often appears stronger than it truly is. By identifying inconsistencies, procedural violations, or missing elements of intent, a defense lawyer can create doubt that leads to dismissal or acquittal.

In retail theft cases, intent is often the weak point. Many alleged shoplifters never meant to steal—distraction, confusion, or mental health factors can explain their behavior. Proving intent is the state’s burden, and reasonable doubt can lead to full exoneration.

Evidence and Police Tactics in Retail Theft Investigations

Chicago law enforcement officers and store security teams often rely heavily on surveillance footage. Yet this evidence can be incomplete, poorly angled, or out of sync with timestamps. In many of my cases, the footage fails to capture key moments that the prosecution claims occurred.

Other evidence includes written reports from store security, alleged confessions, or the physical recovery of merchandise. Sometimes, officers rely on hearsay or improperly obtained statements.

A skilled defense attorney reviews whether:

• The search and seizure complied with Fourth Amendment protections;
• The suspect was Mirandized before questioning;
• The chain of custody for evidence was properly maintained;
• The alleged merchandise value was accurately assessed.

Inconsistencies or procedural violations can lead to evidence suppression or even complete dismissal of charges. When deportation is a potential consequence, every flaw in the case must be leveraged for the defense.

Legal Defenses and Strategies in Illinois Retail Theft Cases

Defending against a shoplifting charge requires understanding both Illinois criminal law and immigration law. Common defense strategies include:

Lack of Intent: The accused must have intended to steal. Forgetfulness or distraction is not criminal intent.

Mistaken Identity: Many arrests are based on unclear video footage or unreliable eyewitness identification.

Unlawful Detention: Store employees cannot detain customers indefinitely or without probable cause. If they violate those limits, any evidence they obtain can be suppressed.

Illegal Search or Seizure: If officers exceed their authority or search without probable cause, the evidence may be excluded.

Diversion or Deferred Prosecution: First-time offenders may qualify for programs that result in dismissal after completion, protecting immigration status and employment eligibility.

As a defense lawyer, my objective is always to find a resolution that avoids a conviction whenever possible, especially for clients with immigration concerns.

Why You Need a Chicago Criminal Defense Lawyer

The intersection of criminal and immigration law is one of the most complex areas in the justice system. Even a well-intentioned plea agreement can trigger catastrophic consequences if handled incorrectly. Public defenders often focus on minimizing jail time, while private defense attorneys consider the long-term impact on your immigration record, employment, and professional licenses.

At my firm, I personally review every case to identify immigration-sensitive options. Whether that means fighting for outright dismissal, reducing the charge to a non-deportable offense, or pursuing deferred prosecution, the strategy must align with both state and federal realities.

A Chicago criminal defense attorney who understands these nuances can mean the difference between staying in the United States or being forced to leave.

FAQs About Shoplifting and Deportation in Illinois

Does shoplifting automatically result in deportation?
Not automatically, but it can. Shoplifting is considered a crime involving moral turpitude, and a conviction that carries a possible one-year sentence may make a person deportable under federal law.

Can I avoid deportation if my shoplifting case was dismissed?
Yes. A dismissal or successful completion of a deferred prosecution program means no conviction exists. Immigration courts cannot remove you for dismissed cases.

What if I accepted supervision instead of jail time?
Supervision can still be treated as a conviction for immigration purposes if it involved an admission of guilt. Always consult a defense attorney before agreeing to any plea.

Can my retail theft record be expunged?
Dismissed or acquitted cases can be expunged or sealed, but convictions usually cannot. Your lawyer can help determine eligibility.

Will ICE be notified after my arrest?
In many cases, yes—especially if you are fingerprinted and booked. Immigration databases share this information automatically.

Can a green card holder be deported for shoplifting?
Yes. Permanent residents can still face removal for crimes involving moral turpitude. The key is to prevent a conviction or reduce it to a non-deportable offense.

What should I do immediately after a retail theft arrest?
Contact a criminal defense attorney before making any statements. Anything said to police or store employees can be used against you in court or immigration proceedings.

How long will a shoplifting conviction stay on my record?
Forever, unless successfully expunged or sealed. That’s why avoiding conviction through diversion programs or dismissals is so important.

Are there immigration-safe plea options?
Sometimes. Pleading to a lesser offense such as trespassing or disorderly conduct may prevent deportation if handled carefully by your attorney.

Why choose The Law Offices of David L. Freidberg?
Because your future deserves personal attention. I’ve defended hundreds of retail theft cases across Cook, DuPage, Will, and Lake Counties. My firm is known for resolving cases discreetly, effectively, and with full consideration of immigration risks.

Contact The Law Offices of David L. Freidberg Today

If you’ve been charged with retail theft or shoplifting anywhere in Chicago, Cook County, DuPage County, Will County, or Lake County, don’t face it alone. A conviction can follow you for life—and in immigration cases, it can mean losing everything you’ve built.

When You Need a Fighter, Call Us!

If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.