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.

Other

CAL POST CON " PROP 36 " CRIMINAL LAW & PROCEDURE, SENTENCING
People v. Harris, No. D052257 Sentence for drug crimes is reversed and remanded where the trial court failed to grant defendant mandatory probation under Proposition 36 based on the express jury finding that he transported the cocaine base for his personal use.