Expunge Your Criminal Record
Expunge criminal record or not to expunge criminal record is the choice many individuals have to make when applying for citizenship or green card status, even a work visa. Expunging records of an individual seeking green card or immigration status is the ideal choice to help the individual in the future on their search for housing and employment, as well as, the court of public approval. The court of our peers, such as, neighbors and relatives can be just as harsh as the USCIS.
Expungement of criminal records for immigration reasons work for minor offenses and is usually based on the amount of convictions. The USCIS does take into consideration all criminal history when any individual applies for permanent residence or citizenship and work visas. In some cases it can work for the benefit of the individual. Outcomes of cases are determined by the USCIS on a case by case basis.
Due to the broad definition Congress enacted in 1996, IIRIIRA, they include some misdemeanors as в__aggravated feloniesв__, in turn these crimes result in deportation. A dismissal of some convictions will potentially erase that conviction for grounds of deportation.
The records of arrests never truly go away. At the very least there is a record of the arrest. If later convicted, which is what some people choose to avoid paying a lawyer for a trial, or to avoid jail time, then the individual now has a record of both the arrest and the conviction of the offense. These records can be accessed by insurance companies, housing authorities, potential employers, adoption agencies, and credit card companies while trying to apply for credit.
Going through a court process is how to expunge a criminal record. Once that process is completed, the judge will sign an order stating that the offense в__в_│shall be deemed to not have occurred.в__ When this process is completed expunging a criminal record, the individual may legally state that the arrest or conviction never happened. в__No record,в__ is the response the FBI, and anyone else doing a background check will receive. After the records are expunged, the individualв_Ts criminal record is only available by court order and no longer appears on background checks.
It is advised to seek counsel and be advised if the individual was not told of their right to seek counsel of an immigration attorney at the time of their arrest, their conviction may be found legally defective for immigration purposes.
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