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SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 3142
Experience:  Director and Principal Solicitor. UK
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I am applying a US national applying for a Tier 2 Visa with

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Hi, I am applying a US national applying for a Tier 2 Visa with my company to relocate to the UK. I have previously been convicted of a crime but that crime has been expunged in the US. I will not be doing a job that requires a Criminal Record Certificate Do I need to disclose my expunged crime
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I live in the US and I am a US citizen I have not yet filed any UK paperwork.
JA: Have you talked to a lawyer about the tier 2 visa?
Customer: Yes but it is my company lawyer. They can disclose anything to my company and I do not want this disclosed to my company
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that's all, thank you

Hi thank you for your enquiry and your patience. Expunging a criminal conviction is essentially setting aside a criminal convictiona and therefore it is not a conviction in the eyes of the law. Now it really depends on what shows on the US equivalent DBS check. If after expungement a criminal attorney in the US can confirm to you that the record is erased then you would essentially not have that conviction and it would not be necessary to make reference to it. If however it will show then you ought to disclose it and explain in the additional information section of your application that it has been expunged. The UKVI does make enquiries with regard to previous convictions and whereas I appreciate you do not want to disclose it, if it shows on your criminal record when they search they will refuse you the visa for deception. I hope this answers your question and I would be grateful for your rating at your earliest convenience. All the best

Customer: replied 4 months ago.
Hi this is very helpful. My question is - will the UK do a criminal record search of my US records? For the purpose of my US records it can only be searched by certain US institutions such as the Federal Government Agencies. I'm not sure what level of access the UK government has, do you know?

Hi, I do not know what level of access they have but I know there is a good level of cooperation between the US and the UK when they request information from each other on criminal records. Like in the UK are you able to do your own basic criminal record check? If so does the conviction come up?

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