DHS has stated that individuals with expunged convictions did not categorically fall outside the enforcement priorities. Rather, ICE has internal guidance that instructs them to weigh the expungement in determining whether to exercise prosecutorial discretion. ICE officers have the ability to implement this guidance in such a way where an individuals expunged conviction would not make them an enforcement priority. This determination is made on a case-by-case basis. DHS stated that expungement essentially functions as a positive equity and community members who potentially fall within the enforcement priorities because of one or more convictions should obtain expungements.

Thanks to Jose Magaa-Salgado