L1 Visa in case of a withdrawn summary offense


My friend was charged with Retail Theft. She never got arrested, fingerprinted and charges were withdrawn in first hearing. There was no social security number or other ID proof on the case sheet.

He is back in India and Now his employer is filing for L1 visa again. Somehow criminal lawyer did not file for expungement earlier and record shows up on court website. Can this be a problem in immigration? Shall she ask employer to wait till expungement is done or this does not make any different.