Sec. 1202. Expungement and sentencing
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/bill/117/s/348/is/section-1202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 101(a)(48) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(48) ) is amended to read as follows: The term conviction means, with respect to a noncitizen, a formal judgment of guilt of the noncitizen entered by a court. The following may not be considered a conviction for purposes of this Act: An adjudication or judgment of guilt that has been dismissed, expunged, deferred, annulled, invalidated, withheld, or vacated. Any adjudication in which the court has issued— a judicial recommendation against removal; an order of probation without entry of judgment; or any similar disposition.
A judgment that is on appeal or is within the time to file direct appeal. Unless otherwise provided, with respect to an offense, any reference to a term of imprisonment or a sentence is considered to include only the period of incarceration ordered by a court. Any such reference shall be considered to exclude any portion of a sentence of which the imposition or execution was suspended. . The grounds of inadmissibility and deportability under sections 212(a)(2) and 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) and 1227(a)(2)) shall not apply to a noncitizen with a criminal conviction if, not later than 180 days after the date on which the noncitizen is sentenced, and after having provided notice and an opportunity to respond to representatives of the State concerned, the Secretary, and prosecuting authorities, the sentencing court issues a recommendation to the Secretary that the noncitizen not be removed on the basis of the conviction.
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