8 CFR 1003.41 - Evidence of criminal conviction.

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§ 1003.41 Evidence of criminal conviction.
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.
[58 FR 38953, July 21, 1993]

Title 8 published on 2013-01-01

The following are only the Rules published in the Federal Register after the published date of Title 8.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-07-18; vol. 78 # 138 - Thursday, July 18, 2013
    1. 78 FR 42863 - Professional Conduct for Practitioners
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      DEPARTMENT OF JUSTICE, Executive Office for Immigration Review
      8 CFR Part 1003

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United States Code
Statutes at Large

Title 8 published on 2013-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 8 CFR 1003 after this date.

  • 2013-07-18; vol. 78 # 138 - Thursday, July 18, 2013
    1. 78 FR 42863 - Professional Conduct for Practitioners
      GPO FDSys XML | Text
      DEPARTMENT OF JUSTICE, Executive Office for Immigration Review
      8 CFR Part 1003