If you have a criminal conviction, it may be possible to get that record expunged, or erased, by the courts so that it is sealed and no longer in the public record. But how do USCIS and the immigration office treat an expungement? Do you have to admit your criminal conviction and expungement when you apply for a Green Card or other immigration application? Do expungement work for immigration purposes?
Transcript
In this video, we’re going to discuss how the immigration office treats an expungement.
An expungement is the process by which a public criminal record is ordered destroyed by the court. Each state has its own process and laws regarding expungement.
Here at the office, we help our clients with petitions to expunge in Illinois.
Now, there are limits to an order to expunge:
• They do not remove the records from the press, online websites, social media or private agencies.
• However, they do work to remove the public record for the arresting police department and also from the court clerk’s office.
Immigration does not like expungement when you are not a U.S. citizen. The immigration office still looks at whether that offense counts as a conviction for immigration purposes. The officer will also not take into account how the state treats or labels that conviction.
There are many times that officers have asked us to obtain records that have been expunged by a court. We help our clients with this process as well.
If you have a criminal record, it is important to meet with an attorney to determine the immigration consequences before you file that petition with the immigration office.
If you need help in this area, please call us for a case evaluation.
A criminal charge or conviction can be devastating to your immigration case. In some instances, it may mean the end of your ability to remain in the United States. Any time that you are facing pending charges or criminal conviction you should consult with an attorney versed both in immigration and criminal defense.
At Godoy Law Office, we understand the immigration consequences of criminal convictions. Our attorneys are experienced in both criminal and immigration law. If you’re an immigrant who has been charged or convicted of a crime, contact our immigration and criminal defense lawyers at 630-912-0322.
