§1003.41. Evidence of criminal conviction.
8 C.F.R. § 1003.41
In any proceeding before an Immigration Judge,
Any of the following documents or records shall be admissible as evidence in proving a criminal conviction:
A record of judgment and conviction;
A record of plea, verdict and sentence;
A docket entry from court records that indicates the existence of a conviction;
Minutes of a court proceeding or a transcript of a hearing that indicates the existence of a conviction;
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;
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.
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.
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:
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,
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.
Any other evidence that reasonably indicates the existence of a criminal conviction may be admissible as evidence thereof.
Notes, amendments, and revision history
Amendments
[58 FR 38953, July 21, 1993]
Authority
Authority: 5 U.S.C. 301; 6 U.S.C. 521; 8 U.S.C. 1101, 1103, 1154, 1155, 1158, 1182, 1226, 1229, 1229a, 1229b, 1229c, 1231, 1254a, 1255, 1324d, 1330, 1361, 1362, 1801, 1802, 1808, 1812; 28 U.S.C. 509, 510, 1746; sec. 2, Reorg. Plan No. 2 of 1950, 3 CFR, 1949-1953 Comp., p. 1002.
Source
Source: Redesignated at 68 FR 9830, Feb. 28, 2003.
Amendments
[58 FR 38953, July 21, 1993]