Many people believe that an expungement wipes a criminal incident off the record entirely. For immigration purposes, that assumption can be costly. An expungement does not erase the underlying conduct, nor does it eliminate the obligation to disclose your history.

If an immigration form asks whether you have ever been arrested, charged, or convicted, and you have — even if the record was later expunged — you must disclose it. Expungement typically seals the record from public view, but it does not change the fact that the event occurred. USCIS and immigration courts focus on the actual conduct behind the arrest or conviction, not the later sealing of the record.

Failing to disclose expunged incidents can lead to accusations of misrepresentation or fraud, which carry far worse consequences than the underlying offense itself.

Summary

Expunged charges must still be disclosed because immigration law focuses on the underlying conduct, not the sealed record.

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