Do I Have to Disclose Crimes to Immigration that have been dismissed or Expunged?

 On many immigration forms or in interviews you will be asked whether you have been arrested, cited, charged or convicted of any crime. You must answer this question honestly, even if the charges were dismissed or the charges expunged.
Getting an expungement may be helpful for employment purposes, but not for immigration. With a previous arrest record you will be asked to provide police reports and/or a certified court disposition outlining the exact nature of the charges and any plea deal made.

Failure to provide this information is considered misrepresentation and could result in a denial of the case or worse. To find out how your record could affect immigration, it’s best to have an attorney review the documents and create an individual plan of action. Checking “yes” doesn’t always mean your case will be denied. Omitting the information, however, can be a costly mistake.

 

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