Post-Conviction Relief for Immigrants

The only two disqualifying events provided for in the statute are (a) a prior state or federal controlled substances conviction, and (b) a prior grant of FFOA treatment.  There is no numerical limitation on the number of current qualifying offenses of which the defendant was found guilty for which the FFOA will provide rehabilitative relief.  Thus, if a defendant is “found guilty” of two simple possession offenses in the same proceeding, s/he remains eligible for FFOA treatment since s/he has no prior conviction and no prior FFOA grant.  The FFOA thus on its face allows relief even for multiple qualifying convictions in the same proceeding, since there is no prior to disqualify the defendant.  Each of the offenses must qualify.  In a state proceeding, therefore, if the defendant is found guilty simultaneously of one simple possession offense, one possession of paraphernalia offense, and one “under the influence” offense, and receives state rehabilitative relief for those offenses, the immigration effects of all three convictions have been eliminated in the Ninth Circuit.