Post-Conviction Relief for Immigrants
§ 8.7 2. Qualifying Types of Relief
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Any form of state rehabilitative relief that is substantially similar to relief under the FFOA will be held sufficient in the Ninth Circuit to eliminate all effects of a conviction of any of the qualifying offenses listed above. For example, in California, this includes an expungement under California Penal Code § 1203.4(a) after successful completion or early termination of probation, a dismissal after successful completion of Deferred Entry of Judgment, pursuant to California Penal Code § 1000, and dismissal of the conviction after successful completion of a drug treatment program pursuant to Proposition 36, which prohibits incarceration for certain first-offense drug convictions.[32] If the state procedure is substantially similar to the FFOA, in that it requires the defendant to be found guilty of a qualifying offense, and provides for dismissal of the charges upon successful completion of a probationary or similar period of rehabilitation, then the Ninth Circuit recognizes Equal Protection requires the courts to accord it the same effect as would be required for a federal conviction under the FFOA.
[32] California Penal Code § 1210.