Empowering Immigrants, Strengthening America
Expungement is a common tool for those seeking to get a former conviction wiped from their record. But there is a common misconception that once an expungement is granted, the conviction disappears for all legal purposes. While expungement can provide important benefits under state law, immigration law often operates under different rules.
As a result, a criminal conviction that has been expunged in New Jersey may still be considered by federal immigration authorities. If you have an expunged conviction and are pursuing a green card, citizenship, or another immigration benefit, that does not necessarily mean you are in the clear.
Immigration Law Does Not Always Follow State Expungement Rules
New Jersey’s expungement laws can help individuals move forward after a criminal case by limiting public access to certain records. However, federal immigration agencies are not required to treat an expunged conviction the same way that state law does. For immigration purposes, the focus is often on whether a conviction existed in the first place rather than whether the record was later sealed or expunged.
USCIS May Still Review the Underlying Conviction
When applying for an immigration benefit, individuals are often required to disclose prior arrests and convictions, including matters that have been expunged. U.S. Citizenship and Immigration Services (USCIS) conducts background checks and may request court records, police reports, and documentation relating to prior criminal cases. Attempting to omit an expunged conviction from an application can create separate issues involving allegations of misrepresentation.
In many situations, immigration officials are less concerned about the existence of an expungement than they are about whether the applicant provided complete and accurate information. Honesty and thorough documentation are typically essential parts of the immigration process.
Federal Law Defines Convictions Differently
Under the Immigration and Nationality Act, a conviction may continue to exist for immigration purposes even after certain forms of post-conviction relief have been granted.
Whether an expunged conviction remains relevant often depends on why the conviction was vacated, dismissed, or expunged. If a court action is based on a procedural or substantive defect in the underlying criminal case, immigration authorities may evaluate the outcome differently than if the conviction was expunged solely for rehabilitative purposes. These distinctions can be highly technical and require a careful review of court records.
Some Offenses May Continue to Create Immigration Concerns
Even after expungement, certain offenses may remain relevant during immigration proceedings. Examples can include:
- Drug-related offenses
- Crimes involving moral turpitude
- Domestic violence offenses
- Fraud-related crimes
- Certain theft offenses
Expungement Can Still Be Beneficial
Although expungement may not completely eliminate immigration consequences, it can still offer meaningful benefits. An expungement may improve employment opportunities, housing prospects, and other aspects of daily life, which are taken into consideration during the immigration process.
In addition, the records generated during the expungement process can sometimes help attorneys evaluate how a criminal matter may be viewed under federal immigration law. Every case is unique, and the effect of an expunged conviction often depends on the details of the underlying proceedings.
Assess Whether Expungement is Beneficial for Your Immigration Case
If you have gotten or are considering pursuing getting a conviction expunged and are concerned about how it could affect your immigration case, we can help. Discuss the particulars of your case with our immigration and criminal law attorneys at DeCosmo Law. Contact our Camden-based team to schedule a consultation; call (856) 361-2122 today.