Application for Green Card and Previous Criminal Record Being Expunged

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Member since 20 April 2013

lena83Member20 April 2013 16:34:52

Hi there,

My partner is currently working in the States on a H1B visa and his employer has started the application for a Green Card. He had a criminal record, that was expunged 3 years ago. It was a petty theft offense, 10-12 years ago. It was an isolated incident and since then he's been an upstanding, responsible citizen. During the background check that will be done, will the expunged record still show up. Does he need to admit to this on his application? If he does, will this negatively influence his application for green card? What is the best way forward in your opinion? Any advice would be greatly appreciated. Thanks!

Armand ViP

Member since 23 February 2011

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ArmandViP22 April 2013 11:35:29

24785

Hi and welcome to Expat.com lena83!

I hope the other members will be able to help you out.

Regards
Armand

James ViP

Member since 20 June 2010

Brazil & Canada Expert

JamesViP23 April 2013 23:04:56

11272

Hi Lena,

Actually you've asked three completely separate questions.

Q - Will the expunged record show up on a Criminal Record Check?
A - No it should not, depending on the country of his origin and how they conduct the process, his record should be sealed.

Q - Does he need to admit on his application?
A - It depends on the way the question is asked. If the way the question on the application is worded "Have you ever been charged or convicted of a criminal offense?" Yes he will have to admit that he has. Any false information is an offense punishable by law. If the question is simply, "Do you have any criminal convictions?" then generally speaking he can answer NO.

Q - Will it negatively his application for green card?
A - It may, however there will probably be an opportunity to offer a full explanation and the fact that the record was expunged will also go in his favor.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

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