I 
118TH CONGRESS 
1ST SESSION H. R. 3050 
To amend the Immigration and Nationality Act to alter the definition of 
‘‘conviction’’, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 2, 2023 
Mr. ESPAILLAT (for himself, Mr. CASTRO of Texas, Ms. NORTON, Ms. SCHA-
KOWSKY, Mr. GRIJALVA, Mr. BOWMAN, Ms. TOKUDA, Mr. MCGOVERN, 
Mr. PAYNE, Ms. CLARKE of New York, Mr. GARCI´A of Illinois, Mrs. 
CHERFILUS-MCCORMICK, 
Ms. 
VELA´ZQUEZ, 
Ms. 
SCANLON, 
Mr. 
CA´RDENAS, Ms. JAYAPAL, Ms. TITUS, Ms. OMAR, Ms. LEE of California, 
Mr. TAKANO, and Ms. LEE of Pennsylvania) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to alter 
the definition of ‘‘conviction’’, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fair Adjudications for 
Immigrants Act’’. 
SEC. 2. EXPUNGEMENT AND SENTENCING. 
(a) DEFINITION OF CONVICTION.— 
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(1) IN GENERAL.—Section 101(a)(48) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(48)) is amended to read as follows: 
‘‘(48)(A) The term ‘conviction’ means a formal judg-
ment of guilt entered by a court. 
‘‘(B) The following may not be considered a convic-
tion for purposes of this Act: 
‘‘(i) An adjudication or judgment of guilt that 
has been dismissed, expunged, deferred, annulled, in-
validated, withheld, vacated, or pardoned federally or 
by a State or locality, including by the President of 
the United States or by a person or agency author-
ized by State law to grant such pardon. 
‘‘(ii) Any adjudication in which the court has 
issued— 
‘‘(I) a judicial recommendation against re-
moval; 
‘‘(II) an order of probation without entry 
of judgment; or 
‘‘(III) any similar disposition. 
‘‘(iii) A judgment that is on appeal or is within 
the time to file direct appeal. 
‘‘(C)(i) Unless otherwise provided, with respect to an 
offense, any reference to a term of imprisonment or a sen-
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tence is considered to include only the period of incarcer-
ation ordered by a court. 
‘‘(ii) Any such reference shall be considered to ex-
clude any portion of a sentence of which the imposition 
or execution was suspended.’’. 
(2) 
RETROACTIVE
APPLICABILITY.—The 
amendment made by this subsection shall apply with 
respect to any conviction, adjudication, or judgment 
entered before, on, or after the date of the enact-
ment of this Act. 
(b) JUDICIAL
RECOMMENDATION
AGAINST
RE-
MOVAL.—The grounds of inadmissibility and deportability 
under sections 212(a)(2) and 237(a)(2) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(a)(2) and 
1227(a)(2)) shall not apply to an alien with a criminal 
conviction if, after having provided notice and an oppor-
tunity to respond to the prosecuting authorities, the sen-
tencing court issues a recommendation to the Secretary 
that the alien not be removed on the basis of the convic-
tion. 
Æ 
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