The Immigration Consequences of Criminal Record Expungement

• In Event: Immigration and Justice Issues: Policy and Practice

Abstract

New legislation across the US expands eligibility criteria for criminal record expungement. While expungement provides some relief to individuals who struggle with obstacles resulting from a criminal record, its implications on immigration proceedings involving non-US citizens are often overlooked. This study analyzes federal regulations and legal precedent on the implications of record clearance on immigration. Additionally, it examines qualitative data from US legal professionals to investigate the unintended consequences of expungements on immigration proceedings. Results indicate that expunged criminal records may still be considered a conviction for immigration purposes and contribute to immigrants being inadmissible or removable. Moreover, in some US states, once a conviction is expunged, an individual can no longer access copies of their own record. The inaccessibility to previous records may be an obstacle to immigration proceedings as it can prevent an individual from proving that their previous conviction is not a bar to their legal status. The data collected in this research will provide a better understanding of the implications of expungement for non-US citizens on immigration proceedings. It will also help illuminate potential changes in legislation and policy amid efforts to expand expungement laws across the country by considering the unique needs of foreign-born individuals.

Authors

• Sarah E. Lageson, Rutgers University, Newark

• Carolina R. Caliman, Rutgers University