Evidence of criminal conviction.

§ 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]