Illinois Expungement

Immigration

Record Sealing For Immigrants

For non-citizens living legally in the US, a criminal conviction can hold an individual back from applying for discretionary immigration benefits with the Immigration Service. These benefits can include work visas and applications for permanent residence or citizenship. Taking this a further step, in 1996, Congress enacted the Illegal Immigration Reform and Immigrant Responsibility Act, which gave the government the right to deport non-citizen offenders who have committed crimes of “aggravated felonies,” “crimes of moral turpitude,” or “crimes of violence.” Most drug convictions carry with them mandatory grounds for deportation of a non-citizen offender.

Expungement And Drug Convictions

While expungement of most offenses will assist in obtaining job and housing opportunities, the effects on immigration privileges generally remain in place. In terms of immigration, expungements are important for a first conviction of certain minor drug offenses. If an immigrant is convicted of simple possession of a controlled substance, a dismissal of that charge will eliminate that conviction as grounds for deportation. Getting rid of a drug conviction is very helpful because drug convictions have such profound consequences on immigration.

Immigrants Should Petition For Expungement If:

• Convicted of drug possession with no other convictions


• Convicted of a lesser offense that falls under the First Offender Act. This includes possession of drug paraphernalia and being present in a place where drugs are used or sold.


• Convicted for a non-deportable offense, for example, a non-violent misdemeanor.