Criminal Defense of Immigrants

(F)  Expungement.  As a “lesser offense” than possession expungement of a first-time conviction for possession of paraphernalia will work, for immigration purposes, as well as an expungement for simple possession.[193]  See § 21.36, infra. An expungement should work equally well where the noncitizen has been convicted of simple possession and possession of paraphernalia, as long as both convictions occurred during the same criminal proceeding.[194]

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

[194] See § 21.36, infra.