Tooby's California Post-Conviction Relief for Immigrants

Even if a defendant is transferred into Proposition 36 Drug Treatment, that treatment still constitutes a conviction for immigration purposes.  Penal Code § 1210, which requires drug treatment instead of incarceration for certain minor controlled substances offenses, also constitutes a conviction since a guilty plea is entered.  However, when the conviction is dismissed after successful completion of treatment, the conviction ceases to exist for immigration purposes if it is a qualifying first offense.