In Virginia, individuals with certain criminal records may be eligible to seek expungement, a process that removes arrests or charges from the public record. For people concerned about employment or housing, this can offer a second chance and some peace of mind. But for immigrants, expungement raises a more complex question: will it remove the impact of a criminal record on your immigration case?
Unfortunately, the answer is not always what people hope for. Immigration law is governed by federal rules, not state criminal procedures. This means that even if your criminal charge is expunged in Virginia, it may still affect your immigration status, applications, or future eligibility.
If you have questions about expungement and how it ties into your immigration case, it’s important to understand what expungement can and cannot do from the perspective of U.S. immigration authorities.
What Expungement Means Under Virginia Law
Virginia law allows individuals to seek expungement in limited situations. You may be eligible if:
- You were found not guilty
- The case was dismissed (including by nolle prosequi)
- You were the victim of mistaken identity
- The charges were otherwise dropped and not refiled
Virginia does not allow expungement of convictions unless you received an absolute pardon. This is different from some other states where certain misdemeanor or felony convictions may be expunged more broadly.
When a record is expunged in Virginia, it is removed from public view. It no longer appears in standard background checks, and the person can legally say they were not charged or arrested in connection with that case.
But this legal relief applies under state law only. It does not necessarily erase the incident from federal view.
Why Immigration Law Treats Expungement Differently
Immigration consequences for criminal records are determined under federal law. U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), and the Department of Justice do not have to follow state definitions when deciding how to handle criminal records.
Federal immigration law focuses on whether a person committed a particular offense—not whether the state later expunged or sealed the record. Even if a charge was dismissed or the case was dropped, federal immigration officers may still consider the underlying conduct when evaluating a case.
In particular, immigration authorities may look at:
- Police reports
- Court documents
- Arrest records
- Confessions or plea agreements
- Any available evidence related to the charge
The key concern is often whether the person admitted guilt or whether there is sufficient indication that the conduct occurred. Expungement does not always shield this information from review.
Crimes That Can Lead to Immigration Consequences
Certain types of criminal conduct carry significant immigration consequences. These include:
- Crimes involving moral turpitude
- Drug offenses
- Domestic violence-related charges
- Firearms violations
- Theft or fraud-related offenses
- Aggravated felonies, as defined under immigration law
For example, a theft charge that was dismissed through a deferred disposition and later expunged under Virginia law may still be considered a crime involving moral turpitude under immigration law. The outcome in state court does not erase the conduct from the federal immigration system.
This means that even if your record is sealed at the state level, it can still lead to problems with:
- Green card applications
- Citizenship (naturalization)
- Visa renewals or extensions
- Removal (deportation) proceedings
- Reentry to the United States after travel abroad
Expungement and Naturalization
One area where this issue frequently comes up is during the naturalization process. USCIS conducts a thorough background check when someone applies for U.S. citizenship. Even expunged charges may appear in federal background records or be disclosed by the applicant.
Naturalization applicants are required to show “good moral character” for a certain number of years—typically five, or three if married to a U.S. citizen. If USCIS believes that the underlying conduct reflected poorly on your moral character, even if the record was expunged, it can deny your application.
In addition, failing to disclose an arrest or charge—even if expunged—can itself be treated as misrepresentation or fraud, leading to denial or even removal proceedings.
When Expungement May Still Be Helpful
Despite the limits under immigration law, expungement is not entirely without value for noncitizens. In some cases, having a charge expunged can help in the following ways:
- Reduce negative public exposure: Employers, landlords, and others outside of the immigration system may no longer see the record.
- Improve discretionary outcomes: An immigration judge or officer may view expungement as a positive sign of rehabilitation or mitigation, depending on the circumstances.
- Assist with post-conviction relief: If expungement follows a pardon or other legal resolution that vacates the conviction on legal grounds, it may have a stronger impact.
However, these benefits are case-specific. Expungement is not a guarantee that your immigration status will remain unaffected.
What You Should Do If You Have a Record
If you are a noncitizen with a criminal record in Virginia—even one that was expunged—it’s important to take the following steps:
- Get a copy of your complete record: This includes arrest reports, court records, and any related documentation.
- Do not assume the charge is gone: Just because the court expunged a record does not mean immigration authorities will ignore it.
- Consult with an experienced immigration attorney: A lawyer can evaluate whether the incident affects your current or future immigration options.
- Be honest in all immigration applications: Do not omit arrests or charges unless clearly instructed to do so by your attorney.
Failing to disclose a past incident—even one that was expunged—can lead to serious consequences.
How Our Firm Can Help
At Saavedra & Perez Law, we help immigrants across Virginia understand how their criminal records, including expungements, impact their immigration journey. If you are unsure whether a past arrest or charge might affect your green card, visa, or citizenship application, we can help you assess the risk and guide you through your options.
We also work with criminal defense attorneys to evaluate whether post-conviction relief might improve your immigration outcome. In some cases, vacating a conviction on constitutional grounds may have a stronger effect than expungement alone.
Don’t Make Assumptions About Expungement
Expungement in Virginia can provide relief in many areas of life. But when it comes to immigration, it is not a complete solution. If you are hoping to apply for a green card, renew your status, or become a U.S. citizen, your expunged record may still come up.
The best way to protect your future is to work with a legal team that understands both Virginia criminal law and federal immigration law. At Saavedra & Perez Law, we’re here to answer your questions and help you move forward with clarity and confidence. If you have concerns about how your criminal record might affect your immigration status, don’t wait to get legal advice. The decisions you make today can shape your future for years to come.