---
kind: "section"
citation: "8 C.F.R. § 1003.41"
title: "8"
number: "1003.41"
heading: "Evidence of criminal conviction."
url: "https://uscodex.org/cfr/8/1003.41"
---

# §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)](#a) of this section may be submitted if it complies with the requirement of [§ 287.6(a)](/cfr/8/287.6.md?p=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.

## Notes

### 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]