Criminal Defense of Immigrants



 
 

§ 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.

 

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