How does the immigration office treat an expungement?

In this video, you will learn:

• What an expungement means and how the process works
• What types of records an expungement may remove
• Why an expungement does not necessarily remove records from private agencies, websites, or social media
• How immigration officials may treat an expunged criminal offense
• Why the way a state labels or treats a conviction may not determine how immigration authorities view it
• Why immigration officials may still request records from an expunged case
• Why it is important to understand the potential immigration consequences before pursuing an expungement

Can an Expunged Record Affect Your Immigration Case?

If you have a criminal record that has been expunged or you are considering applying for an expungement, it is important to understand how the record could affect your immigration case. An expungement under state law does not necessarily prevent immigration officials from considering the underlying offense.

Godoy Law Office Immigration Lawyers can help you understand the potential immigration consequences of a criminal record and how they may affect your immigration options.

Contact Godoy Law Office Immigration Lawyers to schedule a consultation.

Timestamps

00:00 – Introduction: How Immigration Treats an Expungement
00:12 – What Is an Expungement?
00:25 – What an Expungement Does and Does Not Remove
00:40 – How Immigration Officials Treat Expunged Records
00:55 – Why Immigration May Still Consider the Offense
01:10 – Obtaining Records From an Expunged Case
01:25 – Understanding the Immigration Consequences
01:35 – Contact Godoy Law Office

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 courts. Each state has its own process and laws regarding expungement. At the office, we help out 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. 

Now, immigration doesn’t like expungements when you are not a US 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 those convictions. There are many times that officers have asked us to obtain records for cases that have been expunged by a court. We help our clients with this process as well. Now, 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 consultation.