Criminal Defense of Immigrants

(F)  Expungement.  As a “lesser offense” than possession expungement of a first-time conviction for being under the influence of marijuana will work, for immigration purposes, as well as an expungement for simple possession.[178]  See § 21.36, infra.  An expungement should work equally well where the noncitizen has been convicted of simple possession and being under the influence, as long as both convictions were entered during the same criminal proceeding.[179]

[178] Cf. Cardenas-Uriarte v. INS, 227 F.3d 1132 (9th Cir. 2000) (possession of paraphernalia).

[179] See § 21.36, infra.