Do Expunged Records Still Show Up in Immigration Proceedings?

Think an expunged record is gone forever? Not with immigration. The question can immigration look at your expunged records is more than a technicality—it’s a reality check. 

This article breaks down how expunged or sealed offenses still show up in immigration proceedings, why full disclosure is critical, and what you can do to protect your future. Whether you’re applying for a green card or citizenship, understanding how your past is viewed under federal law is essential. With the right preparation, you can navigate this system and move forward with clarity—and confidence. At The Law Office of Sam Salhab, we help you face the process head-on and prepare your case with honesty and strategy

II. What Is an Expunged Record?

Expunged Doesn’t Mean Erased in Immigration Law

When people hear a record was "expunged," they often believe it’s gone forever. In most state courts, that’s partly true—expungement means the record is sealed or erased from public view. But here’s the catch: immigration is federal, not state. So can immigration look at your expunged records? Yes, they absolutely can.

For example, a state judge may agree to wipe away a misdemeanor from public records, but U.S. Citizenship and Immigration Services (USCIS) still considers the underlying conduct. Immigration officers can access sealed court documents when reviewing applications for green cards, visas, or citizenship. This makes expunged records far from irrelevant.

Why the Discrepancy Exists

Immigration law doesn’t follow the same playbook as state criminal law. The federal government sees expungement as a procedural remedy—not an erasure of the act itself. What matters in immigration is the fact that the act happened, not what a local court later decided.

So again, can immigration look at your expunged records? Yes, and it’s routine. Even minor charges that were dismissed or sealed can still affect how your immigration case is evaluated.

III. Federal Immigration Law Doesn’t Recognize Expungement

Immigration Is Tougher Than State Law

Unlike local court systems, immigration law places more emphasis on the behavior itself. A conviction that’s been expunged under state law may still count against you under federal immigration rules. This is particularly important in cases involving crimes of moral turpitude, drug offenses, or repeated criminal conduct.

The key issue isn’t whether you’ve served your time or cleaned up your record. It’s whether the conduct reflects on your character, intent, and risk to public safety. In short: can immigration look at your expunged records? Not only can they—they will.

How This Impacts Immigration Benefits

When applying for a green card, visa, or citizenship, immigration authorities are primarily looking at admissibility and moral character. Even if a judge expunges your record, USCIS can still use that offense to deny your application if it falls within specific legal grounds.

For instance, someone with an expunged drug offense may still be considered inadmissible unless a waiver is granted. In naturalization cases, an expunged record during the five-year lookback period can lead to denial based on lack of good moral character.

IV. Why You Must Disclose Expunged Records

Hiding It Makes Things Worse

Many applicants think, "If my record is expunged, I don’t have to mention it." That assumption can be fatal. Immigration forms specifically ask about arrests, charges, and convictions—even if expunged. Leaving them out can lead to accusations of fraud or misrepresentation.

So, can immigration look at your expunged records? Yes—and if they discover you didn’t disclose them, it might cost you your case, even if the original offense wouldn’t have.

Better to Be Honest and Prepared

If you have an expunged record, the best move is full transparency. List every interaction with law enforcement and include supporting documents. USCIS prefers honesty—even if the news isn’t great—over omissions or surprises.

Applicants who disclose their history and show proof of rehabilitation often have stronger outcomes than those who try to hide the past. It’s not just about having a record; it’s about how you present your case.

V. The Impact on Green Cards and Naturalization

Green Cards: Admissibility First

Expunged or not, your record may influence whether you’re allowed to stay. In the green card process, certain crimes—especially those related to drugs, fraud, or violence—can make you inadmissible. Immigration officers will look at the police report, court outcome, and even expunged filings.

Can immigration look at your expunged records to determine if you’re admissible? Yes. And they’ll often weigh those records heavily, depending on the circumstances and whether any waivers are available.

Citizenship: Moral Character Counts

In naturalization cases, the focus shifts to good moral character. USCIS reviews your behavior over a five-year period (or three if you’re married to a U.S. citizen). An expunged record during this time can still be used to deny your application.

The question is not whether the record exists on paper, but whether the conduct reflects who you are today. With proper documentation and guidance, it’s possible to overcome these challenges—but not if you pretend the past didn’t happen.

VI. What You Can Do If You Have an Expunged Record

Be Proactive, Not Reactive

If you’re asking, can immigration look at your expunged records, assume the answer is yes and take control of your situation early. The most damaging thing isn’t the record itself—it’s being unprepared when that record is reviewed.

Start by gathering every document related to the arrest or conviction, even if it was sealed. This includes police reports, court dockets, and proof of expungement. Immigration officers will expect to see these, especially if your case hinges on your moral character or admissibility.

Consult the Right Legal Help

An expunged record in state court doesn’t mean you’re cleared in the eyes of immigration law. That’s why working with an immigration attorney—not just a criminal defense lawyer—is critical. Immigration law has its own standards for how crimes are interpreted and weighed.

Attorneys can help you identify whether your record falls under deportable or inadmissible grounds and whether waivers or exceptions might apply. For example, you may qualify for a 212(h) waiver if the offense was committed many years ago and you've rehabilitated.

Show That You’ve Changed

Rehabilitation matters. Immigration officers look at the person you are now. Bring evidence of steady work, community service, education, or family responsibility. Collect letters of support from employers, teachers, mentors, or clergy who can vouch for your good character.

Your goal is to show that—even if something happened in your past—you’ve taken accountability and moved forward. That can make a powerful difference in how your application is viewed.

VII. Recent Policy Changes and Case Precedents

Legal Landscape Is Stable—but Firm

There haven’t been major federal policy changes recently that alter how USCIS treats expunged records, but agency memos and court decisions reinforce one thing: disclosure is mandatory. Immigration authorities regularly look at expunged, sealed, or dismissed charges when assessing eligibility for green cards or citizenship.

So, can immigration look at your expunged records under current guidelines? Yes—and they’re expected to. Immigration officers are instructed to consider the facts of the underlying incident, not just the final judgment or state court resolution.

In recent cases, applicants who hid expunged records were denied benefits—not for the offense itself, but for lack of transparency. Others who disclosed everything and documented rehabilitation were approved, even with criminal history in their file.

Case Law Supports Disclosure and Reform

Some immigration courts have softened stances when an applicant shows remorse, transparency, and consistent good behavior. Judges have granted waivers or favorable decisions when the individual proves that the offense was minor, old, and not reflective of their current life.

Still, discretion works both ways. If you hide information or try to downplay it, officers may assume you’re not trustworthy—something that weighs heavily in moral character evaluations.

Staying current with immigration policy, having the right legal support, and preparing a strong case are your best strategies. Past mistakes don’t have to define your future, but they must be addressed honestly and strategically.

Conclusion: Your Past Doesn’t Have to Block Your Future

Yes—can immigration look at your expunged records? Absolutely. But that doesn’t mean your story ends there. What matters is how you face it. Immigration authorities respect transparency, evidence of change, and honest applications. If you’ve made mistakes, own them—but don’t let them define you. With the right documents, support, and legal guidance, it’s possible to turn a past record into a future opportunity. 

Need help navigating this? Reach out to The Law Office of Sam Salhab—professionals who understand both the law and your journey. You’re not alone—and your future is still very much within reach.

Top 5 FAQs 

1. Can immigration look at your expunged records?

Yes. Immigration authorities can access expunged or sealed records during background checks. Even if a state court clears your record, U.S. immigration law still considers those offenses when determining admissibility or eligibility for benefits like green cards, visas, or citizenship.

2. What does “expunged” mean in immigration law?

In state law, “expunged” means a record is erased or sealed from public view. But in immigration law, the federal government may still treat the offense as if it happened, especially in cases involving moral turpitude, drugs, or multiple convictions.

3. Will expunged records affect my green card application?

Yes, they might. U.S. Citizenship and Immigration Services (USCIS) does not ignore expunged records. If the underlying offense would make you inadmissible, an expungement won’t erase that impact. However, it could still help in presenting your case more favorably.

4. Do I have to disclose expunged records on immigration forms?

Yes. You must disclose all arrests, charges, and convictions—even if expunged. Failing to do so can be viewed as misrepresentation or fraud, which could lead to denial or removal. Transparency is critical during the immigration process.

5. Can I still become a citizen if I have an expunged record?

Possibly. USCIS will examine the nature of the offense and when it occurred. Expungement may help, but it won’t erase the conduct from their review. Your moral character during the required lookback period is what matters most.