Legally speaking, a conviction is defined in immigration law as:

The term "conviction" means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where - (i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and (ii) the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed. (B) Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered by a court of law regardless of any suspension of the imposition or execution of that imprisonment or sentence in whole or in part. The Immigration and Nationality Act (INA) 101(a)(48).

Some notes on convictions: supervision is a conviction for immigration purposes but theft or drug school may not be a conviction. The payment of court costs only is not a conviction.

Once you get a conviction, it cannot be reversed or vacated simply because you are unhappy with the immigration consequences of the conviction. A conviction reversed solely for immigration purposes is still a conviction for immigration purposes.

Do not expunge your convictions. Immigration does not recognize expungements and it is difficult to prove what was in an expunged conviction.

There are different type of crimes under immigration law that trigger different punishments. For example:

• Crimes involving moral turpitude are crimes that include conduct that is inherently base, vile, or depraved, and contrary to the rules of morality and the duties owed between persons and society in general. Matter of L-V-C, 22 I&N Dec. 594 (BIA 1999). The consequence of having been convicted of a crime involving moral turpitude is that you are inadmissible. In addition, you may also be removable.


• There is a petty offense exception for one conviction that carries a maximum penalty of less than one year and you are sentenced to less than six months.


• There are also aggravated felonies. Misdemeanors can be aggravated felonies. These are defined in the Immigration law. Aggravated felonies do not make one inadmissible, but they do make one removable.


• Controlled substance offenses make one inadmissible and removable. There is one exception (waiver) for possession of 30 grams or less of marijuana.

This is a complex area of the law that requires careful examination before you enter into any plea arrangements. Mistakes in this area cannot be fixed.

Talk to an experienced attorney with the Immigration Law Group as soon as you know that you may be facing criminal charges.