Many immigrants believe that expunging or sealing a criminal record in Texas automatically solves immigration problems. Unfortunately, immigration law does not always recognize expungements the same way criminal courts do.
Understanding how expungement and record sealing affect immigration cases is essential before taking action.
What Is Expungement and Record Sealing in Texas?
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Expungement removes an arrest or charge from public records
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Record sealing (nondisclosure) limits who can see the record
These remedies can be helpful in criminal and employment contexts—but immigration law operates under different rules.
Does Immigration Still See Expunged Records?
Yes. Immigration authorities may still access:
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Arrest records
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Court documents
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Police reports
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Fingerprint records
Even if a record is expunged under Texas law, USCIS and immigration courts may still consider it.
How Criminal Records Affect Immigration Applications
Criminal history can impact:
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Green card applications
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Visa renewals
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Naturalization
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DACA and TPS renewals
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Adjustment of status
Failing to disclose expunged cases can lead to denial for misrepresentation, which is often worse than the underlying offense.
When Expungement Can Still Help
While expungement does not erase immigration consequences, it may still:
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Strengthen discretionary decisions
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Improve credibility
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Reduce future criminal exposure
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Support waiver applications
The key is knowing when and how to pursue expungement strategically.
Why You Should Talk to an Immigration-Aware Attorney First
Pursuing expungement without immigration guidance can unintentionally trigger enforcement or weaken future applications.
An experienced attorney can:
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Review your full criminal history
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Explain immigration disclosure requirements
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Coordinate expungement with immigration strategy
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Protect you from unnecessary risks
What Immigrants Should Do Before Filing Anything
If you are considering expungement or record sealing:
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Do not assume immigration will ignore past cases
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Gather certified court records
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Speak with a bilingual immigration attorney first
Get Clear Guidance Before You Act
The right legal strategy can help move your case forward. The wrong assumption can set it back permanently. Call Peek Law Group at (512) 474-4445 to discuss how criminal records and expungement affect your immigration case in Texas.