Many individuals pursue expungement to move on from past mistakes and gain access to new opportunities. In some situations, this process can seal a criminal record from public view. However, immigration authorities may still access these records, and expunged convictions can play a role in removal proceedings.
In immigration cases, federal agencies are not bound by state expungement laws. This means that even if your conviction was removed from public databases, immigration officials may still consider it when deciding whether to initiate or proceed with deportation.
Examples of convictions that could still be used against you
Expunged convictions do not automatically disappear in immigration proceedings. Several types of criminal offenses may still appear and influence the outcome of a removal case.
- Controlled substance offenses: A drug possession conviction that was later expunged may still qualify as grounds for deportation. Immigration officials can review the original court documents and use them as evidence.
- Crimes involving moral turpitude: Offenses such as fraud, theft or domestic violence may continue to count against you even if expunged. These convictions can signal bad character or a pattern of behavior.
- Aggravated felonies: Serious criminal offenses, including certain violent crimes or repeated offenses, can lead to removal. Expungement often carries little to no weight when dealing with these charges under immigration law.
- Multiple convictions: If a person has more than one conviction, even if all are expunged, the pattern of behavior may be considered during deportation review.
- Record under seal: When a record is sealed rather than destroyed, it remains accessible to government agencies. Immigration authorities can request and review this sealed information.
If you are concerned about how a past conviction may affect your immigration status, seeking legal guidance can be helpful. Even expunged offenses can resurface and complicate your defense in immigration cases. Knowing what can be used against you may help you prepare for what lies ahead.
