Criminal Defense of Immigrants
Chapter
§ 21.20 (F)
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(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.