Can USCIS see your expunged record?
Asked by: Felicita Bailey | Last update: July 15, 2026Score: 5/5 (49 votes)
Yes, U.S. Citizenship and Immigration Services (USCIS) can see expunged, sealed, or dismissed criminal records. Because immigration is governed by federal law and USCIS conducts comprehensive FBI fingerprint background checks, expunging a record at the state level does not erase it for immigration purposes.
Can USCIS see an expunged record?
Sealed or Expunged Criminal Records
Most of the time, it allows an individual's criminal history to show up as clean for simple background checks that an employer or landlord might run. But the USCIS will often be able to see a conviction even if it's been expunged or sealed.
Does expungement affect immigration status?
For example, if you have a conviction for a crime involving moral turpitude (CIMT), domestic violence, or an aggravated felony, getting it expunged will not stop ICE from trying to deport you. You must still disclose the expunged conviction on all immigration applications.
Can U.S. customs see expunged records?
Customs and Border Patrol (CBP) still have access to records that are sealed. Even if you have an expunged or sealed record, the U.S. government has access to that documentation and can see your records.
Do expunged records show up on a visa application?
Expunged Records
For example, an expunged record of conviction for a controlled substance violation or any crime involving moral turpitude (CIMT) does not relieve the applicant from the conviction in the immigration context. In addition, foreign expungements are still considered convictions for immigration purposes.
Do I have to tell Immigration Authorities of My Expunged Criminal History?
Can Homeland security see expunged records?
The Reach of Immigration Authorities on Expunged Records
Agencies like USCIS and the Department of Homeland Security (DHS) can access and review these records during the immigration application process. An expunged record can even form the basis for the denial of immigration applications or for deportation.
What shows up on the USCIS background check?
A USCIS background check involves a multi-layered screening process designed to verify identity, check criminal history, and ensure national security for immigration benefits. It primarily includes FBI fingerprint checks, NCIC criminal database searches, and FBI name checks, often checking against Department of Homeland Security (DHS) and international databases to identify threats, immigration violations, or fraud.
Can you become a US citizen with an expunged record?
California, like many states, allows for expungement or sealing of criminal records. However, immigration law is federal law. USCIS will still consider an expunged conviction for immigration purposes. You must disclose all arrests and convictions, even if expunged.
Does the government know when I leave the country?
Information that is included in passports or travel documents will be collected for passengers leaving the country on scheduled commercial international air, sea and rail routes.
How far back does the USCIS background check go?
USCIS (U.S. Citizenship and Immigration Services) background checks can go back your entire lifetime. While the statutory evaluation period for good moral character is typically the last 3 or 5 years, USCIS utilizes FBI databases and DHS records that can uncover your complete adult criminal and immigration history, regardless of how long ago the events occurred.
Can you travel internationally with an expunged record?
Some criminal records can prevent you from traveling to certain countries. Depending on the crime, an expunged or sealed criminal record may or may not be considered a clean slate. If you have been convicted of a crime in the past, then it's essential to speak with an attorney about your travel options.
Can immigration officers see your criminal record?
The answer is yes. Immigration still can see your criminal record even in cases that have been sealed, dismissed, or expunged at the state level. Immigration law is federal law.
What is the 7 year rule in immigration?
As of May 2026, proposals to update the U.S. Immigration Registry seek to allow immigrants who have resided in the U.S. for at least seven years to apply for lawful permanent residency (a green card), provided they pass background checks. This proposed change aims to modernize the registry—last updated in 1986—to offer a pathway for long-term residents.
What documents can USCIS see?
Commonly Used Immigration Documents
- Form N-550, Certificate of Naturalization. ...
- Form N-570, Certificate of Naturalization. ...
- Form N-560, Certificate of Citizenship. ...
- Form N-561, Certificate of Citizenship. ...
- Form I-551, Permanent Resident Card (Green Card) ...
- Temporary I-551, Machine Readable Immigrant Visa (MRIV)
Does expungement work for immigration purposes?
Expungements and sealment of records do not prevent the government from being aware of the record for immigration purposes. The record will always exist. However, you may still want to consider going through this process for other purposes, such as finding employment.
Why does my record still show after expungement?
One of the most common reasons is data mining by private companies. These companies collect public records from courthouses while a case is still pending — before an expungement can be filed. Even when the court officially expunges your case, the update is not automatically shared with these third-party databases.
Can USCIS see your travel history?
Yes, USCIS (United States Citizenship and Immigration Services) and associated Department of Homeland Security (DHS) agencies know your travel history. They maintain comprehensive records of your air, sea, and land border entries and exits through electronic I-94 records and scanned passport/Green Card data, which are accessible during immigration applications.
Does immigration know when I leave Canada?
The Government of Canada collects biographic entry information on all travellers entering the country, but currently has no reliable way of knowing when and where they leave the country.
What do U.S. immigration officers see when they scan your passport?
Breaking down what happens when your passport is scanned
Airlines share your Passenger Name Record up to 72 hours before travel (name, itinerary, payment info, etc.). Officials cross-reference Interpol, watchlists, visa denials, and criminal records. Cameras match your current appearance against your passport photo.
Does Canada recognize US expungement?
The U.S. Criminality Assessment Guide at page 8 published by the Canadian Consulate in New York City (where all rehabilitation applications are done) specifically states that a visitor with a California expungement is no longer inadmissible.
What crimes does immigration not forgive?
Aggravated Felonies
It's a label the law uses for a specific list of offenses that carry the most severe immigration penalties. These include crimes like murder, rape, and sexual abuse of a minor, as well as serious drug trafficking charges.
What's the hardest citizenship to get?
The hardest citizenships to obtain typically include Vatican City, Qatar, Liechtenstein, Bhutan, and Saudi Arabia, often requiring decades of residency, religious conversion, or personal royal approval. Other highly restrictive nations include Japan, China, North Korea, and Switzerland, which feature strict cultural, linguistic, or lineage-based requirements.
How far does the USCIS background check go?
USCIS evaluates your moral character over the statutory period, which is typically the five years preceding your application (or three years if you're married to a U.S. citizen).
What are major red flags on a background check?
Major background check red flags include significant discrepancies between resumes and reality (false job titles/degrees), undisclosed criminal records, failed drug tests, and poor credit history for financial roles. Inconsistencies, such as lying about employment dates, are often viewed as dishonesty, while multiple recent DUIs or violent offenses pose risks to safety and compliance.
Is ICE detaining green card holders?
Yes, ICE is detaining lawful permanent residents (green card holders) in 2026, especially those with old criminal records, at airports upon re-entry, or at scheduled immigration check-ins. While not the primary target of broad raids, LPRs can be detained if believed to be deportable under the Immigration and Nationality Act.