In general, it can be said that it will not be possible to request deletion of the record when any of the following situations occur:The victim of the crime or offense is a minor under 18:
– Murder– Rape or sexual assault– Certain crimes involving weapons– Obscenities or pornography when minors intervene. At this point, it is interesting to know the age of sexual consent in each state because intimate relationships between spouses can lead to the existence of a crime.– And other crimes or offenses established by state laws
How to request to seal or eliminate a criminal record?
Only a civil court judge can sentence that a record is sealed, so you have to start a procedure before that court. In such a scenario, Canada Pardons can help you.
Advantages of erasing the criminal record:
There are powerful reasons why a person may wish to eliminate his criminal record. For example, it is common in the United States to ask about criminal history on job application forms or even for renting housing.
An answer in the affirmative may result that the desired job is not obtained or cannot be lived in the chosen place.
However, if the sealing of the criminal problem has been obtained, it can be answered without lying that there is no criminal record.
Deletion of record and its relationship with Immigration:
Unlike what applies in applications for work or rental of apartments or houses, in immigration matters the expungement does not apply. This has been the case since 1999 by a decision of the Board of Appeals (BIA). In that judgment, it was decided that the deleted criminal records still exist for Immigration.
And this is important because in immigration forms or even nonimmigrant visas you often ask if in the past the applicant for an immigration benefit has been arrested. If he has been tried, if he has been convicted and if he has served a prison sentence.
There is a legal obligation, to tell the truth in all Immigration forms and in interviews with immigration agents you are required to tell the truth.
And if there was a criminal record, you must answer yes, even if it has been sealed. Lying can lead to a conviction for fraud (misrepresentation). And this applies to both crimes and offenses committed in the United States and another country.