Criminal Defense of Immigrants

(F)  Expungement.  Since expungement works, under either Federal or Ninth Circuit law, only for a first time simple possession (or simultaneous conviction of multiple offenses[169]), any subsequent conviction for simple possession (or lesser offense) will remain for immigration purposes even if it has been expunged.  See § 21.36, infra.  Expungement of a first conviction should still be effective to eliminate its immigration consequences where this rule is recognized, even if the noncitizen has a subsequent offense.

[169] See § 21.19, supra.