(J)  Finality Concept Applies to Foreign Convictions. [189]  A foreign conviction must be “final” before it can be used to initiate proceedings.[190]  This rule may not be effective in the Fifth and perhaps the Seventh Circuits, which do not follow the finality doctrine.  See § 3.43, infra.

[189] See N. Tooby & J. Rollin, Safe Havens: How to Identify and Construct Non-Deportable Convictions § 4.20 (2005).

[190] Marino v. INS, 537 F.2d 686 (2d Cir. 1976) (Italian conviction of fraudulent destruction of the defendant’s own property never became final since Italian tribunal found that crime had been extinguished by presidential amnesty and refused to hear the appeal and where the defendant did not accept the amnesty, but was precluded from appealing decision against his will); Matter of D, 8 I. & N. Dec. 199 (BIA 1958) (conviction in Canada has attained “finality” for purposes of the immigration laws when the offender has been placed on probation or on suspended sentence pursuant to section 1081 of the Canadian Criminal Code).

Other

SAFE HAVEN - STATE REHABILITATIVE RELIEF - PRIOR FOREIGN CONVICTION DOES NOT DISQUALIFY DEFENDANT FROM FFOA TREATMENT
The Federal First Offender Act, 18 U.S.C. 3607(a)(1), does not permit an expungement if the defendant has prior to the commission of the current offense suffered a conviction under "Federal or State" law. This provision does not include foreign convictions as a disqualification for this relief.