Under Garberding v. INS, 30 F.3d 1187, 1190 (9th Cir. 1994), the state expungement statute does not have to be identical to the FFOA: "We rejected this narrow approach in Garberding v. INS, 30 F.3d 1187, 1190 (9th Cir. 1994). Garberding involved Montana's expungement statute, which was not limited to first-time simple drug possession offenses but allowed expungement of a broad range of more serious offenses. Id. at 1189. Considering Garberding's challenge on Equal Protection grounds, we concluded that the INS had no rational basis for treating her differently simply because Montana's statute covered a broader range of offenses than did the FFOA, id. at 1190-91, and held that "persons who received the benefit of a state expungement law were not subject to deportation as long as they could have received the benefit of the federal Act if they had been prosecuted under federal law." Chavez-Perez v Ashcroft, 386 F.3d 1284, 1288 (9th Cir. 2004). This interpretation accepted in Matter of Manrique, 21 I. & N. Dec. 58, 64 (BIA 1995), which requires only that the defendant be a simple possession first offender and that a "court has entered an order pursuant to a state rehabilitative statute under which the alien's criminal proceedings have been deferred pending successful completion of probation or the proceedings have been or will be dismissed after probation." Matter of Manrique, 21 I. & N. Dec. 58, 64 (BIA 1995). Therefore, the statute expungement statute need not be equivalent to the FFOA if the conduct could have been covered under the FFOA if the case had been prosecuted in federal court, and rehabilitative treatment resulting in dismissal was granted. Thanks to Jonathan Moore.