Criminal Defense of Immigrants

(E)  Criminal History Reports.  Criminal history reports, or “rap sheets,” should not be relied upon as proof of facts or considered to be part of the record of conviction, since they were not prepared as part of the original criminal case nor by the court rendering the criminal conviction.[382]

It is hornbook law that indictments cannot be considered as evidence; this rap sheet account of her arrest for the very offenses for which she was on trial does not even rise to the level of an indictment. Nevertheless, this entire document became part of the evidence and was submitted to the jury for its consideration.  In our opinion it was highly prejudicial and reversible error was committed by its introduction.[383]

While immigration courts are not governed as strictly by the rules of evidence as criminal courts, they should be equally careful to ensure reliability in the evidence on which they do rely in a matter as serious as deportation.

[382] Cf. United States v. Cox, 536 F.2d 65, 69 (5th Cir. 1976) (rap sheet disclosing defendant’s arrest for the very charges for which she was being tried should not have been admitted into evidence in criminal trial).

[383] United States v. Cox, 536 F.2d 65, 72 (5th Cir. 1976).