Does Prop. 64 help with immigration consequences?

Maybe. First, under Prop. 64, misdemeanor sentences cannot be longer than 364 days. So if you are at risk of being deported because of a felony conviction and Prop. 64 redesignates your conviction to a misdemeanor or infraction, this reclassification could have a significant impact for you. In your petition or in court (if you have a hearing), it may help you to ask the court to note on the record the new maximum sentence. Second, because Prop. 64 labels some relevant convictions “legally invalid,” you may be able to argue these “legally invalid” convictions should not affect immigration because they were “legal defects.”[3147] Contact a lawyer immediately for help with this situation. See PG. 1134 for a list of legal aid organizations that help with immigration issues.

  1. 3147

    See Matter of Pickering (BIA 2003) 23 I & N Dec. 621, 624. ↑