If you are not a U.S. citizen and you were convicted of a firearm offense in California, getting that conviction expunged can feel like a fresh start. Your case may be dismissed under state law, your employment prospects may improve, and background checks may look better.
But here’s the critical question many people search online:
Does an expunged firearm conviction still count for immigration purposes?
In many cases, the answer is yes. Even if your firearm offense has been expunged in California, you may still face immigration consequences — including deportation.
Below is a detailed explanation of how California expungements work, how federal immigration law treats convictions, and what options may still be available to protect your status.
How Expungement Works in California
In California, most expungements are granted under California Penal Code § 1203.4.
If you successfully complete probation (or obtain early termination), you may petition the court to:
Withdraw your guilty or no contest plea
Have the case dismissed
Be released from many penalties and disabilities under state law
After expungement, you can often legally state that you have not been convicted of that offense in most private employment situations.
However, expungement does not:
Completely erase the conviction from your criminal history
Automatically restore firearm rights
Seal the record from law enforcement
Eliminate federal immigration consequences
That final limitation is where many non-citizens are surprised.
Immigration Law Is Federal — Not State
Deportation (also called removal) is governed by federal law under the Immigration and Nationality Act (INA) — not California law.
Federal immigration authorities use their own definition of a “conviction.” Under federal law, a conviction generally exists when:
A court enters a formal judgment of guilt, and
Some form of punishment, penalty, or restraint is imposed.
Federal immigration law usually does not recognize state rehabilitative relief — including California expungements under Penal Code § 1203.4 — as eliminating a conviction.
In other words, even if California considers your case dismissed, federal immigration authorities may still treat it as a valid conviction.
Why Firearm Offenses Are Especially Risky for Non-Citizens
Certain firearm offenses can trigger deportation under federal immigration law.
A non-citizen may be deportable for:
Firearms offenses
Certain controlled substance offenses
Crimes involving moral turpitude
Aggravated felonies
Many firearm-related convictions — even ones that may seem minor under state law — can fall within federal deportation grounds.
Examples include:
Unlawful possession of a firearm
Possession of a prohibited weapon
Carrying a concealed firearm without proper authorization
Firearm offenses connected to other criminal charges
The immigration consequences depend heavily on:
The specific statute of conviction
The wording of the charging document
The plea transcript
The sentence imposed
The individual’s immigration status
Even small differences in how a case was handled can dramatically change immigration outcomes.
Does Expungement Protect You From Deportation?
In most cases, no.
A standard California expungement under Penal Code § 1203.4 does not eliminate the conviction for immigration purposes.
This means:
Immigration authorities can still rely on the conviction.
The conviction may still make you deportable.
The conviction may still make you inadmissible (which can block green card approval, reentry, or citizenship).
You generally must still disclose the conviction on immigration applications.
Failing to disclose an expunged conviction when required can create additional immigration problems, including accusations of misrepresentation.
What If You Already Have a Green Card?
Lawful permanent residents are not automatically protected from deportation.
A deportable firearm conviction can trigger removal proceedings years later — especially if you:
Travel outside the United States
Apply for naturalization
Have another interaction with immigration authorities
An expungement alone does not automatically shield a green card holder from these risks.
What About Naturalization?
When applying for U.S. citizenship, immigration authorities review your entire criminal history — including expunged convictions.
USCIS may evaluate:
The underlying conduct
The seriousness of the offense
Whether the conviction affects “good moral character”
Even if the conviction was expunged under state law, it can still be considered during the citizenship process.
Benefits of Expungement for Non-U.S. Citizens — Even If Deportation Is Still Possible
Although expungement does not usually eliminate immigration consequences, it still provides important benefits for non-citizens.
Expungement should not be viewed as meaningless simply because immigration risks remain. In many situations, it can significantly improve your position.
1. Improved Employment Opportunities
After expungement:
You may legally state that you have not been convicted in most private employment situations.
Employers are more likely to hire applicants whose records show a dismissal rather than an active conviction.
Professional licensing opportunities may improve.
Financial stability is often critical for individuals pursuing immigration relief or supporting family members.
2. Evidence of Rehabilitation
Immigration courts and USCIS officers often evaluate the “totality of circumstances.”
An expungement can demonstrate:
Successful completion of probation
Compliance with court requirements
Positive conduct since conviction
Efforts toward rehabilitation
In discretionary immigration cases — such as cancellation of removal — proof of rehabilitation can be influential.
3. Stronger Position for Additional Legal Relief
Expungement can sometimes be a stepping stone toward further post-conviction relief, including motions under:
California Penal Code § 1473.7
If a conviction can be vacated due to legal or constitutional error, that may have different immigration consequences than a simple expungement.
Completing probation and obtaining dismissal may strengthen your overall legal position when pursuing further remedies.
4. Housing and Financial Stability
Even if the conviction remains visible, a dismissed case is often viewed more favorably by landlords, lenders, and institutions.
Improved housing and stability can indirectly strengthen hardship-based immigration arguments.
5. Personal Closure and Peace of Mind
For many individuals, expungement provides emotional relief and a sense of progress. It represents accountability, rehabilitation, and forward movement — even if immigration issues must still be addressed separately.
Is There Anything That Can Fully Protect Immigration Status?
Each case is different. Some individuals may qualify for:
Post-conviction relief
Sentence modification
Immigration waivers
Cancellation of removal
Other discretionary relief
The availability of these options depends on the specific firearm statute, the record of conviction, immigration status, and overall background.
Because immigration consequences are complex and highly technical, early legal evaluation is critical.
Key Takeaways
A California expungement does not usually eliminate immigration consequences.
Federal immigration law controls deportation decisions.
Firearm convictions can trigger deportation grounds.
Expunged convictions typically must still be disclosed in immigration matters.
Expungement still provides meaningful employment, rehabilitation, and stability benefits.
Additional post-conviction or immigration relief may be available in some cases.
If you are not a U.S. citizen, never assume that expungement alone makes you safe from deportation — but also do not assume it has no value.
Take the First Step Toward Clearing Your Record
Even though expungement may not eliminate all immigration consequences, it can still provide meaningful benefits — including improved employment opportunities and a cleaner criminal record under California law.
If you have successfully completed probation for a firearm offense, you may qualify for relief under California Penal Code § 1203.4.
At Southwest Legal, we focus on helping clients clear their criminal records and move forward with confidence. We will review your case, determine your eligibility, and guide you through the expungement process from start to finish. Do not let a past conviction continue to hold you back. Contact us today to schedule a free, confidential consultation and find out if you qualify for expungement.
