The FFOA gives the broadest effect to a disposition under the statute, providing that such “a conviction . . . shall not be considered a conviction for the purpose of a disqualification or a disability imposed by law upon conviction of a crime, or for any other purpose.”[62]  Since Congress, which enacted this legislation, has the power to determine the immigration consequences of a conviction, and spoke here with unmistakable clarity, a conviction treated under the FFOA which was ultimately dismissed can have no adverse immigration effect whatsoever.  This is the basis for the Ninth Circuit’s Equal Protection decisions protecting those given the benefit of analogous state rehabilitative relief in cases in which the defendant would have been eligible for FFOA treatment of a conviction if s/he had been prosecuted for that offense in federal court.

[62] 18 U.S.C. § 3607(a) [emphasis supplied].

Ninth Circuit

POST CON RELIEF " STATE REHABILITATIVE RELIEF -- EFFECTIVE ORDER " STATE EXPUNGEMENT EFFECTIVELY ELIMINATED MISDEMEANOR CONVICTION FOR POSSESSION OF PARAPHERNALIA IN NINTH CIRCUIT AS A BAR TO NONLPR CANCELLATION
Ramirez-Altamirano v. Mukasey, 554 F.3d 786, 2009 WL 251948 (9th Cir. February 4, 2009)(petition for review granted, reversing BIA denial of non-LPR cancellation of removal holding an expunged state conviction for possession of drug paraphernalia, under Health & Safety Code 11364(a), was an absolute bar to relief, even though it had been set aside under state rehabilitative law, since the Ninth Circuit law holds this relief eliminates this class of conviction for all immigration purposes), following Cardenas-Uriarte v. INS, 227 F.3d 1132, 1136-37 (9th Cir.2000).

POST CON RELIEF " STATE REHABILITATIVE RELIEF " IMMIGRATION EFFECTS " NINTH CIRCUIT " ADMISSION OF DRUG OFFENSE
Romero v. Holder, 568 F.3d 1054, 1062 (9th Cir. 2009) (the facts underlying a conviction that would have been eligible for relief under the FFOA, but was expunged under a state rehabilitative statute, cannot serve as an admission of a drug offense, statutorily barring a finding of good moral character under 8 U.S.C. 1101(f)(3).).

POST CON RELIEF " STATE REHABILITATIVE RELIEF " REHABILITATIVE RELIEF IS GENERALLY INEFFECTIVE TO ELIMINATE A CONVICTION FOR IMMIGRATION PURPOSES
Ramirez-Castro v. INS, 287 F.3d 1172, 1174 (9th Cir. 2002)([f]or immigration purposes, a person continues to stand convicted of an offense notwithstanding a later expungement under a state's rehabilitative statute.).

Other

CONTROLLED SUBSTANCES " STATE REHABILITATIVE RELIEF " NINTH CIRCUIT " CHOICE OF LAW " VENUE " DEPARTMENT OF STATE WILL APPLY THE LAW OF THE CIRCUIT CONTAINING THE PORT OF ENTRY THROUGH WHICH THE NONCITIZEN INTENDS TO ENTER THE UNITED STATES
The Secretary of State, in an unclassified Advisory Opinion to the U.S. Embassy in Montevideo, stated that an expunged Washington state misdemeanor "first time, minor controlled substance offense relating only to possession" will not trigger inadmissibility as long as the alien intends to enter the U.S. from a port of entry in the Ninth Circuit, following Lujan-Armendariz v. INS, 222 F.3d 728 (9th Cir. 2000). Courtesy of the firm of Gibbs Houston Pauw in Seattle.

CAL POST CON " EXPUNGEMENT " CONVICTIONS FOR DRIVING UNDER THE INFLUENCE OF DRUGS THAT QUALIFY UNDER LUJAN MAY BE ELIMINATED IF EXPUNGED
A DUI conviction is arguably eliminated for all purposes if the the driving under the influence conviction involves drugs, rather than alcohol, and can be expunged under Penal Code 1203.4(a). This only works where there has been no probation violation in fact, regardless of whether a probation violation was formally charged and found true. Estrada v. Holder, 560 F.3d 1039 (9th Cir. 2009). Counsel can then argue that the expunged drug-related DUI conviction no longer exists for any purpose. Thanks to Karl Krooth.