Expungement and Immigration: Implications for Non-Citizens in Florida
The intersection of criminal and immigration law is a complex and often challenging area, especially for non-citizens facing criminal charges or convictions. In Florida, expungement offers a legal mechanism to clear or seal a criminal record, which can have significant implications for non-citizens.
While expungement can provide relief in certain circumstances, it is not a guaranteed solution to all immigration-related concerns. Consult an Orlando expungement attorney to explore how expungement interacts with immigration law, its potential benefits for non-citizens, and its limitations within the broader framework of U.S. immigration policies.
Expungement in Florida
Expungement under Florida law allows eligible individuals to remove a criminal charge or arrest from their public record, making it inaccessible to most employers, landlords, and the general public. Expunged records are physically destroyed by law enforcement agencies, although a confidential record may still be retained by the Florida Department of Law Enforcement (FDLE). Sealing a record, a related but distinct process, limits access to the record but does not destroy it.
Under Section 943.0585 of the Florida Statutes, individuals may qualify for expungement if their case did not result in a conviction, such as when charges were dropped, dismissed, or they were acquitted. However, expungement is not available for certain serious offenses, such as violent crimes or sexual offenses.
Expungement and Immigration
For non-citizens, the stakes are higher when it comes to criminal records. A criminal charge or conviction can trigger immigration consequences, including inadmissibility, denial of visas or green cards, and even deportation. While expungement can help mitigate some of these consequences, it does not erase the underlying facts of the case for immigration purposes.
Criminal Records and Immigration Consequences
U.S. immigration law, governed by the Immigration and Nationality Act (INA), treats certain criminal offenses as grounds for inadmissibility or deportation. These include crimes involving moral turpitude (CIMT), drug-related offenses, and aggravated felonies. Non-citizens with a criminal record may face barriers to obtaining legal status, renewing visas, or adjusting to permanent residency.
Importantly, immigration authorities, including U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE), retain the ability to access expunged records. This is because expungement under state law does not negate the federal government’s right to review the facts of a case during immigration proceedings.
The Potential Benefits of Expungement
Although expungement does not erase a record for immigration purposes, it can provide non-citizens with several indirect benefits:
- Improved Employment and Housing Opportunities: Many non-citizens seek to demonstrate good moral character as part of their immigration applications. Expunging a record can help remove barriers to employment and housing, thereby supporting a stable lifestyle that reflects positively on the individual’s case.
- Minimized Public Exposure: Expungement can shield a record from public view, reducing the likelihood that employers or other parties will discover past charges during background checks. This is particularly useful for non-citizens applying for immigration benefits where public reputation may play a role.
- Strategic Defense in Immigration Proceedings: Expunged records may influence immigration judges to view the case more favorably, especially if the expungement demonstrates rehabilitation or a lack of criminal intent.
Limitations of Expungement in Immigration Cases
Despite its advantages, expungement is not a cure-all for non-citizens facing immigration consequences. Federal immigration law does not always recognize state expungements, particularly for offenses that fall under inadmissibility or deportability criteria.
- Drug-Related Offenses: Under the INA, even minor drug-related offenses can result in significant immigration consequences. Expunging a drug charge may not prevent immigration authorities from treating it as grounds for inadmissibility or deportation.
- Crimes Involving Moral Turpitude (CIMT): Expungement may not eliminate the impact of CIMT offenses on immigration status. However, legal arguments about the underlying facts of the offense may still be relevant in proceedings.
- Aggravated Felonies: Immigration law treats aggravated felonies harshly, often resulting in mandatory removal proceedings. Expunging such an offense does not erase its immigration impact.
- Federal Access to Expunged Records: Immigration authorities have access to sealed and expunged records, meaning the details of a case remain relevant during immigration evaluations. Expungement under state law does not erase the facts of the case from federal databases.
Navigating Expungement and Immigration: The Role of Legal Representation
Non-citizens facing the dual challenges of a criminal record and immigration proceedings should work with both a criminal defense attorney and an immigration attorney to navigate these complexities. An experienced legal team can:
- Evaluate the Impact of a Criminal Record: Determine how specific charges or convictions affect immigration status and whether expungement could provide strategic benefits.
- Coordinate Expungement Applications: File for expungement or record sealing in a manner that aligns with immigration goals.
- Develop Immigration Defense Strategies: Use the expungement as part of a broader defense in immigration court or before USCIS.
For example, if a non-citizen seeks to expunge a minor theft charge that qualifies as a CIMT, attorneys can argue that the expungement reflects rehabilitation and that the offense falls under an exception, such as the “petty offense” exception under the INA.
Contact Joshi Law Firm, PA
Expungement is a powerful tool for clearing criminal records, but its implications for non-citizens must be understood within the context of federal immigration law. While expungement cannot erase the facts of a case from immigration scrutiny, it can support non-citizens in demonstrating good moral character, stability, and rehabilitation. Non-citizens in Florida who are navigating the challenges of a criminal record and its immigration consequences should seek legal counsel to explore expungement and other strategic options.
If you are a non-citizen facing immigration challenges due to a criminal record in Florida, the attorneys at Joshi Law Firm, PA, can help. We have extensive experience in both criminal and immigration law, providing comprehensive strategies tailored to your unique circumstances. Contact us today for a confidential consultation to protect your rights and secure your future.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0585.html
uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182&num=0&edition=prelim
