What is the effect of a state's expungement of conviction for a criminal conviction under Section 1251(a) of the Criminal Code when it refers to "Prison or Corrections Institute" as "COUNTY JAIL"?
MultiRegion, United States of America
The following excerpt is from Burr v. Immigration & Naturalization Service, 350 F.2d 87 (9th Cir. 1965):
Moreover, under the same reasoning adopted by this court in passing upon the effect of a state's expungement of conviction, we believe 1251(a) (4), a federal statute, was intended to have a uniform application. (See Kelly v. Immigration & Naturalization Service, supra.) The effect of this federal statute will not be made to depend upon the niceties and nuances of a state procedure.
IV. "PRISON OR CORRECTIVE INSTITUTION" MEANS "PRISON" AS OPPOSED TO "COUNTY JAIL."
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