Immigration Consequences of a Criminal Conviction in California

Why immigrants need a criminal lawyer who understands immigration

For non-U.S. citizens — green card holders, visa holders, DACA recipients, asylum seekers, undocumented immigrants — a criminal conviction in California can be far more devastating than the criminal sentence itself. Deportation, denial of citizenship, permanent bars to re-entry, and loss of work authorization are all on the table. Federal immigration law operates independently of California criminal classifications.

Approximately 70% of our clients at the Law Offices of Steven A. Alexander are Spanish-speaking, and many face complex immigration issues alongside criminal charges. This guide covers the basics every non-citizen should know.

The two big categories of "deportable" crimes

1. Crimes Involving Moral Turpitude (CIMT)

A CIMT is a crime that "shocks the public conscience" through fraud, dishonesty, or base behavior. California offenses commonly classified as CIMTs:

• Theft (PC 484, 487, 459 burglary)
• Fraud and forgery
• Perjury
• Most domestic violence offenses
• Assault with intent to cause great bodily injury
• Many sex offenses
• Drug offenses (varies — see below)

One CIMT within 5 years of admission with a potential sentence of 1+ year = deportable. Two CIMTs at any time = deportable.

2. Aggravated Felonies

Despite the name, an "aggravated felony" under federal immigration law can include California misdemeanors. Common triggers:

• Theft with 1-year sentence (even if suspended)
• Drug trafficking (any sale, even small amounts)
• Firearms trafficking
• Fraud over $10,000 in loss
• Crimes of violence with 1-year sentence
• Sexual abuse of a minor
• Money laundering over $10,000

Aggravated felony = mandatory removal, no relief, lifetime re-entry bar.

The "364-day rule" — California's gift to immigrants

In 2014, California amended PC 18.5 so that a "1-year sentence" misdemeanor maxes out at 364 days. This single day matters enormously: many federal immigration consequences trigger at "1 year or more." Pleading to 364 days instead of 365 can prevent CIMT and aggravated felony classification.

Domestic violence — special category

Under INA § 237(a)(2)(E), any conviction for a "crime of domestic violence" is deportable, regardless of sentence. PC 273.5 (corporal injury to spouse/cohabitant) is the classic California trigger. Often, the better immigration outcome is a plea to PC 240 (simple battery) or PC 415 (disturbing the peace) — not all assault statutes count as "DV crimes" for immigration purposes.

Drug offenses — uniformly bad

Almost any drug conviction has immigration consequences:

• Trafficking = aggravated felony = mandatory deportation
• Possession (any amount, any drug except 30g of marijuana) = deportable
• Possession of paraphernalia = sometimes deportable

California's deferred entry of judgment (DEJ) under PC 1000 used to be a workaround, but federal courts now treat DEJ as a "conviction" for immigration purposes. Drug diversion programs no longer protect immigration status.

What about DUI?

A simple DUI (no injury, no aggravating factors) is generally NOT a CIMT or aggravated felony. However:

• Multiple DUIs can be a "significant misdemeanor" disqualifying DACA
• DUI with a child under 14 in the car (PC 273a) IS a CIMT
• Felony DUI with injury can trigger CIMT and aggravated felony analysis
• USCIS considers DUIs as negative discretionary factors for naturalization and visa renewal

Padilla v. Kentucky — your right to immigration advice

In Padilla v. Kentucky (2010) 559 U.S. 356, the U.S. Supreme Court held that defense attorneys MUST advise non-citizen clients of the immigration consequences of any plea. Failure to do so is ineffective assistance of counsel and grounds to withdraw the plea. California codified this in PC 1016.5 and PC 1473.7.

If you already pleaded without proper advice — PC 1473.7

California Penal Code 1473.7 allows you to vacate a conviction if you didn't meaningfully understand the immigration consequences when you pleaded. This is a powerful tool for green card holders and others facing removal years after a plea. There is no time limit if you are no longer in custody.

Practical steps if you are a non-citizen facing charges

1. Tell your attorney immediately that you are not a U.S. citizen and disclose your status (LPR, visa, DACA, undocumented).
2. Do NOT plead at arraignment. Always plead not guilty until your attorney can analyze immigration consequences.
3. Avoid ICE custody by posting bail quickly through an attorney — once in ICE custody, options narrow dramatically.
4. Demand immigration-safe plea alternatives. The Orange County DA has discretion to amend charges; an experienced attorney negotiates for amendments that preserve status.
5. Consult an immigration attorney in parallel — criminal defense and immigration require coordination.

If you or a loved one is a non-citizen facing criminal charges in Orange County, contact our bilingual office immediately. We handle both English and Spanish cases and have decades of experience navigating immigration-sensitive plea negotiations at the Orange County Superior Court.