Criminal Defense of Immigrants


§ 20.46 D. Post-Conviction Relief

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A conviction that is vacated on a ground of legal invalidity cannot trigger removal under the crime of moral turpitude grounds.[296]  A presidential or gubernatorial pardon will eliminate a crime of moral turpitude conviction for immigration purposes,[297] as will a properly obtained judicial recommendation against deportation granted prior to November 29, 1990.[298]  “State rehabilitative relief,” such as an expungement or dismissal under statutes such as California Penal Code § 1203.4, will not be effective to eliminate the conviction.[299] 


                Remember that a noncitizen may become inadmissible simply upon admitting the commission of a crime of moral turpitude, even where there is no criminal conviction.[300]

[296] See § § 11.3-11.8, 18.8, supra.

[297] See § 11.22, supra.

[298] See § 11.21, supra.

[299] See § 11.18, supra.

[300] See § § 18.8, 20.28, supra.