Expungements, or the removing of certain criminal records from public view, can have a variety of consequences for immigration applications. However, the repercussions are heavily dependent on the exact circumstances surrounding the expungement, the type of offense, the immigration status sought, and the legislation of the nation in question.
Here are a few things to understand about expungements and how they relate to your immigration application:
- Positive Impact: In the best case scenario, expunging a criminal record can help you obtain a successful immigration visa. When a crime is expunged, it is generally handled as if it never happened. This can be useful for immigration considerations, particularly if the offense was minor or nonviolent. Expungements may reflect rehabilitation and a dedication to following the law, both of which are criteria that immigration authorities frequently favor. However, there are other instances when expungements don’t have the positive impact you might hope.
- Exceptions and Inadmissibility: Even after an expungement, certain offenses may still make an individual inadmissible for immigration purposes. For example, crimes involving drug offenses or violent crimes may have special consequences, regardless of whether they have been expunged. If this is the case for you, our team can answer questions and concerns you might have to help you understand your options.
- Disclosure Requirements: Even if a criminal record has been expunged, you may still need to reveal it on immigration applications. Failure to reveal a criminal background, even if it has been expunged, can result in a refusal of the immigration application and other serious consequences if the omission is discovered later.
- Legal Consultation: Individuals with a criminal background who are considering immigration applications should get legal counsel due to the complications and potential implications associated with their status. Our team can advise you on how expungements may affect your unique case, what efforts you should take to disclose or rectify previous violations, and how to present your case in the best possible light to immigration authorities.