Immigrants & Immigration

Whenever a person is arrested or charged with crime. The record is created even if they are released without being charged. A record is also created even if someone is found not guilty. If a child is charged with a juvenile offense, then a juvenile record is created.

Criminal records can be viewed by the general public, unless they’ve been expunged or sealed. Juvenile records are automatically sealed. People can also request their juvenile records get expunged.

Learn more about the difference between expungement and sealing.

For many immigration benefits, a person will need to disclose their criminal history. This is not just criminal convictions. Arrests may also need to be disclosed, including juvenile arrests. A person may need to disclose criminal records even if those records don’t disqualify them for the immigration benefit. The government may require the non-citizen to provide documents relating to the criminal record. Expunging or sealing can make it more difficult to provide the government with the records they require. If the non-citizen doesn’t provide the documents the government requires, their case may be denied.

For example, when someone files for lawful permanent resident (LPR or green card) status in the US, the application asks the applicant whether they have been arrested, cited, or detained by any law enforcement officer. If the answer is “Yes”, the applicant may be required to provide the government with records of the arrest. The government may require records even if the charges were dropped or it was a juvenile arrest. If a person has expunged or sealed their case, it may be very difficult to get criminal documents. If the immigration authorities are unable to review documents, then the case will likely be denied.

Consider getting multiple copies of all certified dispositions before expunging or sealing. Having these will make it easier for someone to submit evidence to immigration authorities if needed.