What is Conviction?

We get a lot of questions regarding the question of "What is a Conviction?" Because this seems to be a reoccurring question, we put together a short blog post to help clarify the issue. Essentially, a conviction for the purpose of deportation is a formal judgment of guilt of the noncitizen entered by a court or, if adjudication of guilt has been withheld, where:

(i) a judge or jury has found the noncitizen guilty or the noncitizen 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 noncitizen's liberty to be imposed.

A court-ordered drug treatment or domestic violence counseling alternative to incarceration disposition IS a conviction for immigration purposes if a guilty plea is taken (even if the guilty plea is or might later be vacated). A deferred adjudication disposition without a guilty plea (e.g., NY ACD) is NOT a conviction. A youthful offender adjudication (e.g., NY YO) is NOT a conviction.

An LPR can be deported if convicted for a Crime Involving Moral Turpitude (CIMT) Conviction. The LPR will be subject to deportation if one CIMT is committed within 5 years of admission into the US and for which a sentence of 1 year or longer may be imposed (e.g., in New York, may be a Class A misdemeanor) or two CIMTs are committed at any time "not arising out of a single scheme."

Firearm or Destructive Device Conviction

Domestic Violence Conviction or other domestic, including Crime of Domestic Violence, Stalking, child sexual abuse, neglect or abandonment, Violation of order of protection (criminal or civil).

Court Martial Attorney

While this is just basic information, if you have questions regarding your court martial charges and whether a certain resolution may or may not end up in a conviction, if is advisable that you discuss your case with an experienced attorney.

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