Tooby's California Post-Conviction Relief for Immigrants

If the defendant violated any of the conditions of probation, FFOA treatment would not have been available.  Therefore, an expungement will not eliminate the conviction even where the defendant otherwise qualifies for Lujan treatment.[26]

[26] Estrada v. Holder, 560 F.3d 1039 (9th Cir. Mar. 26, 2009) (a noncitizen whose state conviction for possession of drug paraphernalia was expunged under state law, but who violated the terms of his probation before expungement was granted, would not have been eligible for relief under the Federal First Offender Act (FFOA), 18 U.S.C. § 3607(a), since the FFOA expressly limits relief to cases where “the person has not violated a condition of his probation”; state expungement therefore did not eliminate the conviction for immigration purposes).