November 6, 2026 · By Ahmad Yakzan
For anyone who is not a U.S. citizen, a criminal charge can lead to two separate cases. One happens in criminal court. The other can happen later in immigration proceedings. Lawyers call the area where these two systems meet "crimmigration." Knowing the basics can help you and your family make better decisions, ideally before a criminal case is resolved.
Immigration law has its own rules about which offenses matter, and they don't always match how a state labels a crime. A misdemeanor under Florida law can still have serious immigration consequences. Depending on the offense and your status, a conviction may:
Despite the name, an "aggravated felony" under immigration law doesn't have to be aggravated or a felony. The category covers a long list of offenses, including some theft and violent crimes where the sentence is one year or more, even if the sentence was suspended. These carry some of the most serious consequences.
This term generally refers to offenses involving fraud, intent to steal, or serious intentional harm. Whether a specific offense qualifies depends on the exact wording of the statute.
Most controlled substance offenses carry immigration consequences, with very limited exceptions. Certain firearm offenses and domestic violence offenses, including violations of protective orders, can also make someone deportable.
In Florida, a judge can "withhold adjudication," which means the person isn't formally convicted under state law. Many people are surprised to learn that immigration law defines "conviction" more broadly. A guilty or no-contest plea plus some kind of penalty, such as probation or a fine, can count as a conviction for immigration purposes even with a withhold. Sealing or expunging a Florida record also usually doesn't erase it for immigration purposes.
Florida judges are required to warn defendants that a plea may have immigration consequences. Under the U.S. Supreme Court's decision in Padilla v. Kentucky, criminal defense attorneys must also advise noncitizen clients about deportation risks. When defense counsel and immigration counsel work together, they can sometimes find options that reduce immigration harm.
Some offenses trigger "mandatory detention," meaning a person may be held without a bond hearing. The Laken Riley Act, signed in January 2025, expanded mandatory detention to include certain noncitizens who are charged with or arrested for offenses such as theft, burglary or shoplifting, even without a conviction. You can learn more about immigration bonds and mandatory detention.
Every case is different, and this article is general information, not legal advice. For more detail, see our page on criminal convictions and immigration, and speak with an attorney about your own situation.
If you or a loved one is facing criminal charges or has a past conviction and is worried about immigration status, schedule a consultation with Ahmad Yakzan at American Dream Law Office PLLC. Call (656) 236-0205 or schedule online.
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