Recently, in Los Angeles County at the San Fernando Courthouse, our office was successful in litigating a Penal Code section 1473.7 motion arguing that our client did not meaningfully understand and knowingly accept the immigration consequences that would result from his 1997 Health and Safety Code section 11350(a), “Possession of a Controlled Substance,” originally a felony, which was granted Deferred Entry of Judgment and an eventual dismissal.
In 1997, our client admitted guilt to a violation of Health and Safety Code § 11350(a). The “admission of guilt” is considered a conviction to the Federal Government, so the plea under Penal Code section 1000, "Deferred Entry of Judgment," still resulted in obligatory and permanent deportation, denial of citizenship, and exclusion from entry into the United States, despite the successful completion of the program and a dismissal under Penal Code section 1000.1.
The client hired our office to pursue post-conviction relief on his behalf after hearing from his immigration lawyer about the significant immigration repercussions caused by his Deferred Entry of Judgment (DEJ) “conviction”.
Penal Code section 1473.7(e)(2) creates a “presumption of legal invalidity” when a defendant can establish that he or she successfully completed the drug program. We were able to do so, and the motion we filed was granted, and the case was completely dismissed per Penal Code section 1385 in the interest of justice. This is an outstanding result for our client, and his 1997 felony plea and “conviction” will no longer have negative immigration repercussions! Furthermore, he can seal his record of arrest under Penal Code section 851.91. Stay tuned!