Expunctions, Nondisclosures, and Immigration Law

This article explains how federal immigration law and Texas expunction and nondisclosure laws work together.

Composed by Volunteer Legal Services of Central Texas • Last Updated on July 22, 2025

Here, learn how expunctions and nondisclosures work in Texas, how they affect the immigration process, and why noncitizens should keep copies of their criminal records. Expunctions and nondisclosures can clear or conceal some criminal records under Texas law. But they do not erase a criminal record for federal immigration purposes. Federal immigration law still requires you to disclose your criminal record on immigration forms and to immigration officials.

Caution!

U.S. immigration laws, policies, and practices continue to change rapidly in 2026. Before making any decisions, consult an immigration attorney. One way to find an attorney is through the American Immigration Lawyers Association Find an Immigration Lawyer.

What is the difference between federal and state law?

Federal Law

Federal law is made by the United States government. These laws are the same in every state.

State Law

Every state can have different laws, so what is true in one state may not be true in another. For example, divorce laws in Texas are different from divorce laws in Louisiana.

Key Differences Between Federal and State Laws

• Where they apply. State laws work only in one state. Federal laws work everywhere in the country.
• Federal law beats state law. If a state law and a federal law conflict, the federal law is usually followed.

Who controls expunctions and nondisclosures—Texas or the federal government?

Expunctions and nondisclosures are matters of Texas state law.

Expunctions and nondisclosures follow Texas law, but the federal government does not have to follow those rules.

What are expunctions and nondisclosures?

1. An expunction is a process where your criminal record is removed for certain offenses, according to Texas law.
2. A nondisclosure is a process where your criminal record is sealed, according to Texas law. This means it cannot be disclosed to certain people and groups, such as employers and online criminal record websites.

Learn more about the differences between expunctions and nondisclosures in Clear or Seal Your Record? Expunctions vs. Nondisclosures in Texas.

United States federal law: Immigration law

Immigration law is federal law and is not affected by Texas expunctions or nondisclosures.

This means that if you are not a U.S. citizen and want to apply for lawful permanent residency (a green card), citizenship, a visa, or another immigration benefit, you must tell the truth about any criminal records, including arrests.

Even if a Texas court clears or hides your record, you still need to list it on your immigration application.

If you lie about your criminal record, your application can be denied for fraud.

Expunctions, nondisclosures, and the immigration process

The immigration process and good moral character

• Generally, someone who seeks an immigration benefit must show that they have been a "person of good moral character" for a certain period of time or that they have not been convicted of certain types of offenses.
• Noncitizens seeking an immigration benefit must disclose any arrests. This may be necessary even when the disclosure is simply to show that the arrest did not result in a conviction or that the outcome of the case does not have immigration consequences.

Providing proof of case results

Generally, when you apply for an immigration benefit, you will need to provide a certified copy of your case's disposition. The disposition is the official final outcome of your criminal case.

Immigration authorities, such as the U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), or an immigration judge may use this document to verify the result of your criminal proceeding.

Criminal records and best practices for noncitizens

It is best to get at least five certified copies of your criminal record before your expunction or nondisclosure case is finished so that you have copies for your records.

• When you receive an expunction, your records are erased. This means you may not be able to get proof of the outcome of your case later.
• If you have a criminal record, including an arrest, you must disclose it on immigration forms and to immigration officials when required—even if your record was cleared or sealed through an expunction or nondisclosure.

Sources

• "Expunctions, Nondisclosures, and Immigration Law", TexasLawHelp.org, archived by the Internet Archive's Wayback Machine on July 23, 2025. Original article last updated July 22, 2025.
• U.S. Department of Homeland Security
• U.S. Citizenship and Immigration Services

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