No. Unlike criminal courts, immigration law does not consider expunged or sealed convictions to be eliminated. Under the Immigration and Nationality Act (INA), a conviction still counts for immigration purposes if:
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There was a guilty plea, guilty verdict, or admission of facts, and
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Some form of sentence (fine, probation, jail) was imposed.
This remains true even if the conviction was later expunged or sealed.
Examples of convictions that still count for immigration:
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DUI
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Drug possession
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Shoplifting or theft
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Domestic violence
Immigration law focuses on the original conduct, not the later state action to erase the case.
What Happens If You Do NOT Disclose an Expunged Conviction?
Not disclosing an expunged or sealed record is one of the quickest ways to trigger serious immigration consequences.
USCIS may accuse you of:
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Misrepresentation
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Fraud
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Willful failure to disclose a material fact
Consequences can include:
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Denial of the application
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Permanent inadmissibility under INA 212(a)(6)(C)(i)
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Removal (deportation) proceedings
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Denial of future immigration benefits
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Ineligibility for naturalization
USCIS often expects full disclosure, even if the case was dismissed, diverted, sealed or expunged.
What If Your Lawyer Told You It Was “Off Your Record”?
This is common – and misleading. Criminal defense lawyers often speak in terms of state consequences, such as:
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Employment background checks
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Housing
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Public access to records
But immigration background checks operate on a separate federal system. Even if a defense attorney said the conviction was erased or would “never show up again,” USCIS can and will access it.
How USCIS Evaluates Expunged Records
Even though the conviction may still count, USCIS will consider:
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How long ago the offense occurred
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Whether it was a single incident
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Evidence of rehabilitation
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The seriousness of the offense
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Whether violence, drugs, or moral turpitude were involved
For naturalization cases (Form N-400), USCIS will review the entire criminal history, including expunged cases, when determining good moral character.
Should You Still Provide Court Documents?
Yes – absolutely. USCIS expects:
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Certified court dispositions
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Arrest records
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Proof the case was expunged, sealed, or dismissed
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Evidence of sentence completion
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Rehabilitation evidence if applicable
Failing to provide complete documentation causes delays and increases scrutiny.
Final Takeaway
Yes – USCIS will know about an expunged criminal conviction.
Expungement does not erase a conviction for immigration purposes, and failing to disclose it can cause far worse problems than the conviction itself. If you have an expunged or sealed record and plan to file an immigration application, speak with an experienced immigration attorney before submitting anything. Proper disclosure and documentation can prevent serious consequences and protect your eligibility.
Schedule a Consultation with an Immigration Lawyer
We Can Help!
If you have questions regarding U.S. immigration, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
CHRISTINE JURUSIK is a Partner at Richards and Jurusik and Focuses her practice solely on U.S. Immigration law, with a specialized focus on advising families and individuals on the family-based immigration process and on obtaining U.S. Citizenship. She also handles Canadian Rehabilitation and DUI inadmissibility matters for U.S. Citizens seeking to overcome inadmissibility to Canada. (Full Bio)
