Immigrants & Immigration

[no-lexicon]Expungement and sealing[/no-lexicon]

There are two ways to remove arrests and court records in Illinois: expungement and sealing. Expungement means a record is erased completely.

Sealing a record means that it is hidden from the public. Federal authorities and law enforcement can still view sealed records. This includes the FBI and the U.S. Citizenship and Immigration Services (USCIS). Some employers, like hospitals and schools, are required by law to do in-depth background checks. They can also view sealed records.

Juvenile records can only be expunged. Criminal records can be expunged or sealed. Learn more about the difference between expungement and sealing.

For juvenile records, immigration applications can still ask for arrests and charges for when you were a minor. An adjudication of juvenile delinquency is not a “conviction” for immigration law, but if a juvenile is convicted as an adult, that is a “conviction.”

Any prior criminal records must still be disclosed on immigration applications. This is the case even if they are expunged or sealed. For example, on the green card application, Form I-485, you must disclose and provide documents for any arrest or conviction, even if it is expunged or sealed.

[no-lexicon]Filing to expunge or seal as an immigrant[/no-lexicon]

If you are an immigrant and thinking about erasing or hiding your criminal or juvenile record, you should talk with an immigration lawyer. The lawyer can help you:

• See what is on your record, and
• Decide whether expunging or sealing the record is worth it.

Benefits and Risks

There are benefits to filing to expunge or seal records, but filing to expunge or seal records could have very bad effects on your immigration status. 

Benefits to expunging or sealing a criminal record:

• The public would not be able to view the record, and
• Some potential employers would not be able to view the record.

Risks to expunging or sealing a criminal record as an immigrant:

• Another document is filed in public view identifying you as having a criminal record,
• Going to court can be risky as ICE might be at courthouses,
• Expunging or sealing the criminal record might make it harder for you to get some immigration benefits. For example, maybe in your situation, the specifics of your conviction show you are not disqualified for immigration relief. But, if you expunge or seal the records, you might not be able to access the court records that prove it. So, without the record, you cannot prove you are eligible for the benefits.

These risks could have very bad effects on an immigrant's status. Speak to an immigration lawyer before filing to expunge or seal any criminal or juvenile records.