Tooby's California Post-Conviction Relief for Immigrants

The immigration effects of a dismissal order granted under Penal Code § 1385 depend on three aspects of the order:

            (a)  the nature of the charge or allegation that has been dismissed,

            (b)  the stage in the criminal case at which the dismissal occurs, and

            (c)  the nature of the ground upon which the dismissal is based.

                 Dismissal of a conviction may eliminate a conviction-based ground of removal or bar to relief if it is granted, at least in part, on a ground of legal invalidity.  See § 6.66, infra.  Dismissal of a sentence enhancement or sentence will eliminate the immigration consequences of sentence.  See § § 6.61-6.62, infra.  Eliminating certain surplus language from a criminal charge, before or even after a plea has been entered, may also eliminate certain immigration consequences of a conviction.  See § 6.63, infra.