Hello.

Although "first offense" possession of a controlled substance is deportable (except simple possession of 30 grams or less of marijuana), it is not an aggravated felony, mandating deportation. Second offense may qualify as an aggravated felony depending on the circumstances. This is a very complicated analysis, but does not necessarily trigger automatic deportation. Consideration will be placed on your moral terpitude since the convictions.

For example, in cases arising in the 2nd Circuit, the federal immigration authorities will argue that second possession offenses constitute aggravated felonies, even if deemed a misdemeanor under state law, because second possession offenses may be prosecuted as felonies under federal law. See 21 USC. 844.

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Reference

However, I did read back through your posts. Your first misdemeanor conviction was at 17, correct? You may qualify to have your record for this offense expunged.

Wisconsin law allows a judge to "expunge" a case in only two situations, both involving youthful offenders:

• Misdemeanors committed by a person under 21. If the judge ordered expunction upon successful completion of the sentence, the record can be expunged. See §973.015, Wis. Stats.
• Adjudication of a juvenile delinquent. A juvenile who has been adjudged delinquent can, upon reaching age 17, petition the judge for expunction of the juvenile adjudication. See §938.355, Wis. Stats. However, WCCA does not display juvenile adjudications because they are not public records.

An expunged case is sealed by the clerk of court and is available to be viewed only with a court order. If the judge properly orders a case expunged, any reference to it will be removed from WCCA. A judge has no other authority or power to expunge cases, and there are no similar provisions for other types of cases. Reference

You may consider contacting an attorney to petition to have your juvenile records expunged.

Let me know if you would like more information.

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