Tooby's California Post-Conviction Relief for Immigrants

This disposition closely resembles the procedures employed in the Federal First Offender Act, 18 U.S.C. § 3607(a), which operates like an expungement to eliminate convictions for first-offense simple possession of drugs.  It is likely, therefore, that DEJ will eliminate these convictions, as well as other lesser drug convictions for conduct that is not forbidden under federal law, just as expungements do under Penal Code § 1203.4(a).[38]  It is important to remember that because a guilty plea is entered, DEJ does constitute a deportable drug conviction until the later dismissal occurs, although it is possible the immigration courts might be motivated to defer deportation until dismissal occurs, at which time the conviction (and the ground of deportation) disappears.[39]

[38] Lujan-Armendariz v. INS, 222 F.3d 728 (9th Cir. 2000); Cardenas-Uriarte v. INS, 227 F.3d 1132 (9th Cir. 2000).

[39] See Cardenas-Uriarte v. INS, 227 F.3d 1132 (9th Cir. 2000) (dictum).