Author Topic: Expunged Record: Do I Need to Disclose on the application?  (Read 256 times)

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Offline mrsstealyotaco

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Expunged Record: Do I Need to Disclose on the application?
« on: January 12, 2018, 08:17:55 PM »
Hey guys,

I want to be as transparent as possible... I have a very minor misdemeanor expunged on my record. I've just paid for a background check, and I have no record showing. I'm still concerned that this may affect my application. Should I still disclose it with the reviewers?

Thank you!

Offline larrabee

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Re: Expunged Record: Do I Need to Disclose on the application?
« Reply #1 on: January 12, 2018, 08:19:36 PM »
Yes, you should declare it. If you don’t, you could be accused of deception which in itself carries a 10 year ban.
March 28th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).March 7th 2018 ILR. YAY! March 21st NCS&JCAP appointment.

Offline mrsstealyotaco

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Re: Expunged Record: Do I Need to Disclose on the application?
« Reply #2 on: January 12, 2018, 08:31:51 PM »
Yes, you should declare it. If you don’t, you could be accused of deception which in itself carries a 10 year ban.

Thanks larrabee! How should I go about declaring it? Should I just mention it in the "comments" section of the Appendix VAF4a application, or should I provide documentation saying it's expunged?

Offline larrabee

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Re: Expunged Record: Do I Need to Disclose on the application?
« Reply #3 on: January 12, 2018, 08:35:35 PM »
Thanks larrabee! How should I go about declaring it? Should I just mention it in the "comments" section of the Appendix VAF4a application, or should I provide documentation saying it's expunged?

Declare it at the appropriate question on the form then you can explain in your letter or the any other info section. I would provide the documentation saying it’s expunged, yes.
March 28th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).March 7th 2018 ILR. YAY! March 21st NCS&JCAP appointment.

Offline ksand24

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Expunged Record: Do I Need to Disclose on the application?
« Reply #4 on: January 12, 2018, 08:37:11 PM »
Thanks larrabee! How should I go about declaring it? Should I just mention it in the "comments" section of the Appendix VAF4a application, or should I provide documentation saying it's expunged?

There should be a section on the online application form that asks you to declare any criminal convictions, giving dates and details.

You should also provide all documentation you have regarding it.


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Offline mrsstealyotaco

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Re: Expunged Record: Do I Need to Disclose on the application?
« Reply #5 on: January 12, 2018, 09:11:08 PM »
There should be a section on the online application form that asks you to declare any criminal convictions, giving dates and details.

You should also provide all documentation you have regarding it.


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Thank you larrabee and ksand24! Now my next (and final) question.... Do you think that they would want to deny my spouse visa application because I have an expungement? Or do you think if I provide them with appropriate paperwork showing evidence of the expungement as well as the steps that I took in order to get it expunged would be enough? I just don't want them to deny our application based off something silly that happened 5 years ago!

Offline larrabee

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Re: Expunged Record: Do I Need to Disclose on the application?
« Reply #6 on: January 12, 2018, 09:14:02 PM »
Don’t worry, you will be fine.  :)
March 28th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).March 7th 2018 ILR. YAY! March 21st NCS&JCAP appointment.

Offline ksand24

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Re: Expunged Record: Do I Need to Disclose on the application?
« Reply #7 on: January 12, 2018, 09:36:54 PM »
Thank you larrabee and ksand24! Now my next (and final) question.... Do you think that they would want to deny my spouse visa application because I have an expungement? Or do you think if I provide them with appropriate paperwork showing evidence of the expungement as well as the steps that I took in order to get it expunged would be enough? I just don't want them to deny our application based off something silly that happened 5 years ago!

Nope, it shouldn't affect your application, especially as it was expunged and also because it happened 5 years ago. The fact that it was expunged and no longer shows on your record will be a good thing.

The only ways in which it could have affected your application are if it was:
- a criminal conviction resulting in a non-custodial sentence, and it happened within the last 12 months
- a criminal conviction resulting in a prison sentence of less than 12 months, and the sentence ended less than 5 years ago

The reason for disclosing it is just to show you are being honest and that you are not trying to hide anything.

Offline mrsstealyotaco

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Re: Expunged Record: Do I Need to Disclose on the application?
« Reply #8 on: January 12, 2018, 10:33:23 PM »
Geez, thank you both for the valuable information! You’ve both been a huge help in easing my worry with this stuff!


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