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Expungement — having an offense removed from public record — can make it easier for people with past criminal convictions to get jobs or earn higher wages. That’s why Utah Sen. Daniel Thatcher co-sponsored legislation in 2019 to allow certain offenses to be automatically expunged after a set amount of time.
“Having crimes on your record makes it harder for you to get employment, makes it harder for you to get housing, makes it harder, generally, to live,” he said.
Expungements, however, can cause problems for people applying for legal status, including citizenship or green cards. When a record is expunged, the conviction is still valid under immigration law. An applicant must tell U.S. Citizenship and Immigration Services whether they’ve been arrested or charged with a crime.
“If you answer no to that and they happen to… know about a past event or criminal history, then that's a huge problem,” said Dan Black, an attorney with immigration firm Stowell Crayk. “You've now lied to an immigration officer, and they can deny you for that reason.”
Black said an applicant can be denied for telling the truth, too.
“If you cannot respond to the request for evidence with the documents they are requesting, then they [USCIS] can deny the application just for that reason,” he said.
Accessing records that have been expunged can be a lengthy process that requires a court order signed by a judge. Black said the process can take longer than the time USCIS gives for a response.
Here’s what Black recommends for noncitizens with a criminal record.
Don’t have your records expunged
“I always advise any noncitizen not to expunge any of their criminal history until after they become a citizen because it's too risky.”
If you go forward with expungement, get certified copies of your records
“That way, even if it has been expunged, they can still meet the requirement of providing the documentation to immigration.”
Individuals can request to view records that have been expunged, but Black noted USCIS often requires detailed records such as a plea form, charging document, disposition or police report, which requires the record to be unsealed.
Be honest with your attorney
This will help an attorney decide whether your immigration case has merit and request copies of any records they need.
For example, when a client did not disclose an expunged conviction until the USCIS interview, Black said he wasn’t able to prepare.
“It ended up not just disqualifying them from that [immigration] benefit, but also they have been referred to immigration court for deportation proceedings because it's a conviction that cannot be waived and renders them deportable from the United States.”
In that situation, Black said he wouldn’t have taken on the client if he had known about the conviction.
In other cases, being upfront with an attorney can give them time to unseal your records and prepare for the USCIS interview.
Overall, Black said automatic expungement is great for citizens. But for noncitizens who spend years waiting for immigration proceedings, it can come back to haunt them.
“They might have had a conviction on their record that does not necessarily disqualify them, but does need to be divulged,” he said. “If it suddenly gets expunged, they are not made aware of that.”
When it comes time for an interview, the applicant may not be able to provide the evidence USCIS requests in time.
Utah’s automatic expungement program is currently paused to address a backlog. Individuals can still fill out a form to request expungement through Jan. 1, 2026.
Clean Slate Utah, which helps people expunge their records, has an FAQ page specifically for immigration.
Thatcher said he wasn’t aware of the complications that could arise in immigration proceedings when he sponsored his bill.
“I would never know those things if somebody didn't call me and say, ‘Hey, here is a problem we're running into.’”
Macy Lipkin is a Report for America corps member who reports for KUER in northern Utah.
