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:
(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.