§ 5.27 1. Non-Conviction Disposition
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Avoiding a conviction entirely is one method of avoiding deportation on account of a conviction-based ground of deportation. The following dispositions do not constitute convictions for immigration purposes, and therefore do not trigger deportation under any conviction-based ground of deportation. Since they are not considered convictions, they do not establish that the client committed certain conduct, and therefore do not provide evidence that might trigger a conduct-based ground of deportation.
(A) Juvenile delinquency finding. See § § 7.23, 12.20-12.37, infra.
(B) Acquittal. See § 7.28, infra.
(C) Dismissal before conviction. See § 7.29, infra
(D) Deferred prosecution. See § 7.30, infra.
(E) Deferred verdict. See § 7.31, infra.
(F) Deferred sentence. See § 7.32, infra
(G) Convictions that are not final. See § 7.37, infra.
(H) Judicial Recommendations Against Deportation. See § 7.41, infra.
(I) Executive Pardons. See § 7.42, infra.
(J) State rehabilitative relief. See § 7.43, infra.
(K) Convictions vacated as legally invalid. See § 7.44, infra.
(L) Sentences eliminated by post-conviction relief. See § 7.45, infra.
(M) Convictions by court without jurisdiction. See § 7.34, infra.
(N) Convictions in absentia. See § 7.35, infra.
 Note that this rule is not recognized in all circuits.