With the current uncertainty surrounding immigration laws and enforcement, many noncitizens—both visa holders and undocumented individuals—are seeking ways to protect their future in the U.S. One of the most important steps an immigrant can take to safeguard their legal status is addressing any criminal history. Expunging or sealing a record can significantly impact immigration outcomes, but the process is complex, and not all records are treated equally by U.S. Citizenship and Immigration Services (USCIS).

Can USCIS See Sealed or Expunged Records?

A common misconception is that once a criminal record is sealed or expunged, it is completely erased. However, for immigration purposes, USCIS can still access sealed or expunged records in many cases. While expungement may help with employment and housing, it does not guarantee that an immigration officer will ignore past offenses. Learn more about how USCIS handles sealed criminal records and what that means for visa holders and undocumented individuals.

Do You Have to Disclose Expunged Records to USCIS?

When applying for immigration benefits such as a visa, green card, or naturalization, applicants are required to disclose their entire criminal history, including arrests—even if charges were dropped or the records were expunged. Failing to disclose a past arrest can be considered misrepresentation, which may lead to denial of an application or even removal proceedings. Read more about what you must disclose to USCIS.

Expungement and Record Sealing: Who Is Eligible?

Not everyone qualifies for expungement or record sealing. Eligibility depends on several factors, including the type of offense, the outcome of the case, and the amount of time that has passed since the conviction or arrest. Generally, expungement is available for certain misdemeanors and cases that did not result in a conviction, while record sealing is available for a broader range of offenses but may still have restrictions.

Key factors that influence eligibility include:

• The type of offense (violent crimes, sex offenses, and serious felonies are often ineligible).
• Whether the case resulted in a conviction or was dismissed.
• The number of offenses on the record.
• The time that has passed since the offense.

For a detailed breakdown of expungement and record sealing eligibility, visit this guide.

How Expungement Affects Immigration Status

While expungement does not erase a crime for immigration purposes, it may still provide benefits, such as improving job opportunities and reducing the negative perception of past offenses. Some criminal convictions can make a person inadmissible or deportable, but post-conviction relief, including expungement, may help in certain situations. Understanding the relationship between expungement and immigration is crucial before moving forward with any legal action.

Visa Holders: How a Criminal Record Can Impact Your Status

For visa holders, a criminal record can result in serious consequences, including visa revocation and denial of future visa renewals or extensions. Some crimes—especially those classified as crimes involving moral turpitude (CIMTs) or aggravated felonies—can lead to immediate cancellation of a visa.

Even if a crime does not automatically result in deportation, a visa holder with a criminal record may face additional scrutiny during the renewal or adjustment process. Expunging or sealing records may help mitigate risks, but visa holders should always consult with an immigration attorney before taking any action.

If you are a visa holder concerned about your criminal record, it is critical to understand the legal options available to you. Learn more about reasons to clear your criminal record before applying for a visa extension or change of status.

Undocumented Noncitizens: Why Expungement Matters

For undocumented noncitizens, a criminal record can increase the risk of deportation and significantly limit legal pathways to permanent residency or citizenship. Certain offenses, including drug-related charges and violent crimes, can make it nearly impossible to qualify for relief such as asylum, cancellation of removal, or adjustment of status.

Even minor infractions can be used as grounds for removal, especially under strict immigration enforcement policies. Expungement alone does not erase a criminal record for immigration purposes, but it may help show rehabilitation and good moral character, which could be beneficial in certain immigration proceedings.

If you are undocumented and have a criminal record, seeking legal advice is essential. An attorney can help determine whether post-conviction relief or expungement can improve your immigration prospects.

Understanding USCIS Policy on Criminal Records

USCIS has strict guidelines regarding criminal records and immigration eligibility. Certain crimes can lead to inadmissibility or deportation, even if they were expunged. To better understand how criminal records impact immigration applications, review the USCIS Policy Manual on Good Moral Character and the grounds for deportability.

Take Action to Protect Your Immigration Status

If you have a criminal record and are concerned about its impact on your immigration status, it is essential to consult with an experienced expungement lawyer before applying for any immigration benefit. The right legal strategy can make a significant difference in your case and your future in the U.S.

For more information or to discuss your options, contact us today.

Do You Need to Talk to an Attorney About Expungement or Sealing?

If you’re tired of your criminal past coming back to bite you, we may be able to help. Call us right now at 847-920-4540 or fill out the form below so we can talk about your case.

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