Federal immigration laws make noncitizens deportable on the basis of state criminal convictions. Congress implemented this scheme in ways that respected the states’ sovereignty over their criminal laws. As more recent federal laws have been interpreted, however, a state’s decision to pardon, expunge, or otherwise set aside a conviction under state law will often have no effect on the federal government’s determination to use that conviction as a basis for deportation. An immigrant defendant who entered an uninformed plea can seek post conviction relief through a gubernatorial pardon. A Gubernatorial Pardon may be helpful in alleviating the immigration consequences that can cause deportation, denial of naturalization, or a bar of admission. 

For lawfully permanent residents a gubernatorial pardon can be a defense to deportation. Individuals who have been convicted of a crime in California may apply to the Governor for a gubernatorial pardon. A gubernatorial pardon is an honor that may be granted to people who have demonstrated exemplary behavior following their conviction. A pardon will not be granted unless it has been earned. Historically, governors have granted very few pardons.

For most people, the first step in applying for a pardon is to obtain a Certificate of Rehabilitation from the Superior Court in the county where the applicant currently lives. People who live outside of California and people who are ineligible for a Certificate of Rehabilitation must use the Application for Gubernatorial Pardon. The procedure utilized will depend on the circumstances of each applicant.

How Can  A Gubernatorial Pardon Help?

Gubernatorial pardons don’t guarantee an immigrant facing deportation could remain in the U.S., but they might have an effect. If an immigrant has a drug conviction that makes them subject to deportation and that conviction is pardoned, then deportation should no longer be an option. Full and unconditional pardons should be effective as a defense against deportation in cases where the conviction triggers certain removal categories such as immigrants with  aggravated felony convictions or multiple criminal convictions. The federal government may deport an undocumented immigrant based on previous criminal convictions, even when those convictions are based on state law. In practice, a criminal conviction triggers the majority of deportation proceedings. According to U.S. Immigration and Customes Enforcement or ICE, for the 2016 fiscal year, 58 percent of total removals and 92 percent of removals from places other than the U.S. border were of persons with a criminal conviction. To combat injustice in a draconian system our State's Governor have excercised his expansive pardon power whcih allows him to nullify the criminal conviction's in one's past. Pardoning old convictions is another tool that an Immigrant Defendant can use to prevent unjust deportations of people that have lived in the United States for many years and have become productive members of society.