What is pc 1385 when it comes to an immigration standpoint? 2 Answers as of January 25, 2012

California PC section 1385 is a dismissal for all purposes and that includes immigration, unlike PC section 1203.4.

Generally, your criminal history will impact your immigration status where there is a conviction. Only a handful of specific crimes will sometimes impact you if you are charged with them such as certain crimes dealing with controlled substances and child abuse, among others. As for the California PC 1385, it only refers to the dismissal of charges and/or convictions by the authorities in furtherance of justice. A dismissed charge is just that, dismissed and it cannot be a conviction. To be clear, an expunged conviction is still a conviction for immigration purposes and you must disclose them to the officer when they ask for your convictions.