Safe Havens

(C)  State Rehabilitative Relief.  State rehabilitative relief is generally ineffective to eliminate any conviction as a ground of deportation.  In the Ninth

Circuit, however, state rehabilitative relief is effective to eliminate any conviction of a first offense of simple possession of any controlled substance, gratuitous distribution of a “small amount” of marijuana or hashish, possession of paraphernalia, and probably any other first controlled substances offense that is (a) less serious than simple possession, and (b) not forbidden under federal controlled substances statutes.  See § 4.27, infra.  It is possible other circuits may follow the Ninth Circuit in this respect, although a number of circuits have specifically declined to do so.