Totari

Defendant, a citizen of Israel, pleaded guilty to two counts of possessing a controlled substance (Health & Saf. Code, § 11377, subd. (a)) in 1985. The record before us does not reflect that he was advised of the immigration consequences of his pleas. He was granted probation. In 1987, after he had successfully completed probation, his convictions were expunged under Penal Code section 1203.4. Defendant has maintained a spotless criminal record since his 1985 convictions. Defendant was deported to Israel in 1998. He thereafter moved to vacate his 1985 convictions on the ground that he had not been advised of the immigration consequences of his pleas. The superior court concluded that defendant had not exercised due diligence in moving to vacate the convictions. Defendant challenges this finding on appeal. We conclude that, on the record before us, this finding cannot be upheld. Therefore, we reverse.

I. Background

Defendant lawfully entered the United States in 1976 when he was just 18 years old. He married a United States citizen in 1981, but the marriage lasted less than four years. In October 1984, defendant was charged by complaint with check fraud (Pen. Code, §…