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Current as of January 02, 2025 | Updated by Findlaw Staff
In any proceeding before an Immigration Judge,
(a) Any of the following documents or records shall be admissible as evidence in proving a criminal conviction:
(1) A record of judgment and conviction;
(2) A record of plea, verdict and sentence;
(3) A docket entry from court records that indicates the existence of a conviction;
(4) Minutes of a court proceeding or a transcript of a hearing that indicates the existence of a conviction;
(5) An abstract of a record of conviction prepared by the court in which the conviction was entered, or by a state official associated with the state's repository of criminal justice records, that indicates the following: The charge or section of law violated, the disposition of the case, the existence and date of conviction, and the sentence;
(6) Any document or record prepared by, or under the direction of, the court in which the conviction was entered that indicates the existence of a conviction.
(b) Any document or record of the types specified in paragraph (a) of this section may be submitted if it complies with the requirement of § 287.6(a) of this chapter, or a copy of any such document or record may be submitted if it is attested in writing by an immigration officer to be a true and correct copy of the original.
(c) Any record of conviction or abstract that has been submitted by electronic means to the Service from a state or court shall be admissible as evidence to prove a criminal conviction if it:
(1) Is certified by a state official associated with the state's repository of criminal justice records as an official record from its repository or by a court official from the court in which conviction was entered as an official record from its repository. Such certification may be by means of a computer-generated signature and statement of authenticity; and,
(2) Is certified in writing by a Service official as having been received electronically from the state's record repository or the court's record repository.
(d) Any other evidence that reasonably indicates the existence of a criminal conviction may be admissible as evidence thereof.
Cite this article: FindLaw.com - Code of Federal Regulations Title 8. Aliens and Nationality § 8.1003.41 Evidence of criminal conviction - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-8-aliens-and-nationality/cfr-sect-8-1003-41/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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