[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR3.41]

[Page 37-38]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW--Table of Contents
 
            Subpart C--Immigration Court--Rules of Procedure
 
Sec. 3.41  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 
Sec. 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

[[Page 38]]

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]