Expungement Record Conviction For Immigration Purposes
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How to fill out Petition For Expungement Of Record In Case Of Acquittal And Release Without Conviction?
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FAQ
These expunged convictions must still be reported on immigration forms, and they are still considered by USCIS when evaluating an applicant's immigration or citizenship application.
Sealed or Expunged Criminal Records Most of the time, it allows an individual's criminal history to show up as clean for simple background checks that an employer or landlord might run. But the USCIS will often be able to see a conviction even if it's been expunged or sealed.
Statutory Definition of Conviction for Immigration Purposes. Most of the criminal offenses that preclude a finding of GMC require a conviction for the disqualifying offense or arrest. A ?conviction? for immigration purposes means a formal judgment of guilt entered by the court.
While an expungement can help demonstrate that a charge happened a long time ago and that you met the requirements for expungement, it will not keep USCIS officials from seeing it, so it is best to be honest.
For a conviction to exist under immigration law, the defendant must plead guilty or nolo contendere before a judge, or the judge must find the person guilty.