If you've been convicted of a crime in California and later had your record expunged, you may feel a sense of relief—as though the mistake is behind you and your record is clean. But if you're not a U.S. citizen, you may still have one major concern:
Can an expunged criminal record still affect my immigration status?
The short answer is: yes, it can.
Expungement can offer major benefits, such as clearing your criminal history for employment purposes. However, when it comes to immigration, the U.S. government does not treat expunged records the same way as it does for most other purposes. In many cases, immigration authorities still consider the underlying conviction—expunged or not—when making decisions about green cards, visas, naturalization, or deportation.
At Flores Legal Allies, our team serves clients across San Diego and Los Angeles who face both criminal charges and immigration concerns. We understand the intersection between criminal law and immigration law and work to protect not only your record—but also your future in the United States.
Breaks down how expungements work, how they are treated by immigration officials, and what you can do if you're worried about your past conviction impacting your immigration status.
What Is an Expungement?
In California, expungement refers to the legal process under Penal Code § 1203.4 that allows a person who has successfully completed probation to withdraw their guilty or no-contest plea and have their conviction dismissed.
Once granted, an expungement means:
- You are no longer considered “convicted” for most employment and licensing purposes.
- Your criminal case will show as “dismissed” on background checks.
- You can legally say you have not been convicted of a crime (with certain exceptions).
But expungement is not a full erasure. The record of the conviction still exists and can still be accessed by law enforcement, state licensing boards, and—importantly—immigration authorities.
How Immigration Law Treats Expunged Records
Under federal immigration law, expunged convictions are still considered convictions for most immigration purposes.
The Immigration and Nationality Act (INA) defines a "conviction" broadly, including situations where:
- A judge or jury found the person guilty, or the person entered a guilty or no-contest plea.
- The court imposed some form of punishment, penalty, or restraint on liberty (e.g., probation, jail, fine).
Even if the conviction is later expunged under state law, federal immigration authorities will still treat it as a conviction if it meets the above definition.
In other words, a California expungement does not erase a conviction in the eyes of U.S. immigration authorities.
Immigration Processes Affected by Expunged Records
1. Green Card Applications (Adjustment of Status)
If you’re applying for lawful permanent residency, your expunged record may still be considered. Certain convictions can make you inadmissible, meaning you're not eligible to receive a green card.
2. Naturalization (Citizenship Applications)
U.S. Citizenship and Immigration Services (USCIS) considers your moral character when reviewing naturalization applications. Even if your conviction was expunged, it may be used to deny your application based on a finding that you lack “good moral character.”
3. Deportation and Removal Proceedings
If you are convicted of certain offenses—even if expunged—you may still be deportable under immigration law. Crimes involving moral turpitude, drug offenses, and domestic violence-related crimes are particularly risky.
4. DACA, TPS, and Other Immigration Relief
Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) require applicants to have clean records. Expunged offenses may still disqualify applicants.
Are There Any Exceptions?
In some limited cases, an expungement may still help with immigration, particularly if:
- The conviction was for simple possession of marijuana and occurred before a change in law.
- The expungement is paired with post-conviction relief that invalidates the conviction on constitutional grounds (such as ineffective assistance of counsel).
- The conviction was vacated rather than dismissed.
That said, expungement alone is usually not enough to protect your immigration status. You may need additional forms of legal relief such as:
- Motion to vacate a conviction
- Writ of habeas corpus
- Post-conviction relief based on Padilla v. Kentucky (if you were not properly advised of immigration consequences when you pled guilty)
Each case is fact-specific and should be evaluated by a criminal defense attorney with immigration law experience.
Common Misconceptions
“If my record is expunged, immigration won’t see it.”
False. USCIS and ICE have access to your full criminal history, including expunged or sealed records.
“Expungement means I wasn’t convicted anymore.”
False for immigration purposes. While California treats expunged records as dismissed, immigration law still considers the original conviction.
“If the victim dropped the charges, I’m safe.”
Not necessarily. The government can still prosecute a case and consider the conviction—even without a victim’s cooperation—if there was a guilty plea or finding of guilt.
What You Should Do If You Have an Expunged Record
1. Get a Copy of Your Criminal Record
Obtain a certified copy of your conviction and expungement order. This helps clarify what the record shows and whether it was handled properly.
2. Consult a Criminal Defense Attorney Familiar with Immigration Issues
This is critical. Not all attorneys understand how criminal convictions intersect with immigration law. At Flores Legal Allies, we regularly help non-citizens manage the criminal side of their immigration risk.
3. Don’t Rely on Expungement Alone
If you’re planning to apply for a visa, green card, or citizenship—or if you're already in removal proceedings—your lawyer may recommend post-conviction relief beyond expungement, especially if you pleaded guilty without knowing the immigration consequences.
4. Tell the Truth on Immigration Forms
Never lie or omit information about past convictions on immigration applications. Even expunged convictions must be disclosed. Failure to do so can lead to fraud charges, denial of relief, or removal.
How Flores Legal Allies Can Help
At Flores Legal Allies, we understand that immigration status is often the most important thing in a person’s life—and that even old convictions can jeopardize it. We approach each case with compassion and precision.
Here’s how we can help:
- Review your criminal history for immigration risks
- Help you obtain copies of your court records
- Assess whether your expungement will help or hurt your case
- File motions to vacate or withdraw guilty pleas, where appropriate
- Coordinate with your immigration attorney to create a unified strategy
- Advocate for relief in court that strengthens your immigration standing
With offices in San Diego and Los Angeles, we serve diverse communities where immigration and criminal law overlap every day.
How We Can Help
An expungement can be a powerful step toward moving forward—but for immigrants, it’s not always enough. If you're worried that an old conviction—even one that’s been dismissed—could affect your immigration status, don’t take chances.
At Flores Legal Allies, we listen, we guide, and we fight for your future. Whether you need post-conviction relief, defense against deportation, or help understanding your options, we're here to stand beside you every step of the way.
Contact us today for a confidential consultation. Let us help you protect what matters most.
