Immigration Application: Do Expunged Criminal Records Affect Immigration?
Immigration criminal records are becoming more common than criminal records in general. If you or a family member is exploring immigration options, then it may be important to expunge criminal records for immigration purposes. This post will give you all the information that you need about how to remove your criminal record for visa and immigration purposes.
Can a criminal record be expunged?
The criminal record expungement process is different for each state. While it may be possible to remove criminal records from the federal database, they will still remain in criminal databases for local law enforcement agencies which can affect your immigration status. Additionally, some states do not allow expungements of criminal records while others have a “look-back period” that might prohibit you from applying if any criminal charges occurred during this time frame prior to the application date. This means that even if a judge grants an order of removal or dismissal and enters an order vacating a conviction against you at least once every ten years since release from custody, probation or parole (whichever was last completed), there are no with regards to being able to apply for immigration purposes.
Cases in which Criminal Records are Expunged
Sometimes, criminal records are expunged if they were obtained in error or the subject was not guilty of a crime but criminal record can still be used to determine whether you meet visa eligibility standards for criminal activity using the “reason to believe” standard.
For example, an officer may deny your application even if you have received pardons or had criminal charges vacated IF there is information that reasonably leads the officer to believe that you are currently engaged in criminal activity which would render you ineligible under section 212(a)(D) INA (relating to aliens associated with criminal gangs). This means it’s possible for someone who has been convicted of aggravated felonies and later gets their conviction overturned could be denied based on criminal activity prior to the criminal record expungement.
Does an expunged criminal record affect my immigration application?
Criminal records can still be used against applicants applying for visas and green cards under INA section 212(a)(D) (relating to aliens associated with criminal gangs). Criminal convictions that were later vacated may still be used against applicants seeking visas or green cards, even if they are not on criminal records databases anymore. If you have questions about how your criminal history might affect your eligibility for immigration benefits like a visa or U.S citizenship application, please consult with an experienced immigration attorney today! – Talk to us at (888) 351-0212 ext. 0 for more information and assistance in getting started immediately! Our goal is providing top notch customer service to help you through the criminal immigration or criminal deportation process.
You should always be honest on all immigration applications about what you have done. You may think that it’s best not to tell the truth, but this can lead into even more problems down the line if Immigration finds out later and your application is denied because of previous arrests or convictions.
Do yourself a favor especially when applying for citizenship and make sure there are no secrets in your past by reporting any crimes committed without receiving jail time (even misdemeanors).
Talk to an experienced attorney today by calling +1 (951) 256-6288. We are here to provide top notch customer service in expunging criminal records so that they do not hinder one’s chances of obtaining US citizenship, getting approved on an immigrant visa, or other options available through filing