of any and all conditions imposed in the probation. The court shall order the probationer to report to the board of prison terms and paroles or such officer as the board may designate and as a condition of said probation to follow implicitly the instructions of the board of prison terms and paroles. The board of prison terms and paroles will promulgate rules and regulations for the conduct of such person during the term of his probation.

Whenever the

9.95.220 Violation of probation-Rearrest-Imprisonment. state parole officer or other officer under whose supervision the probationer has been placed shall have reason to believe such probationer is violating the terms of his probation, or engaging in criminal practices, or is abandoned to improper associates, or living a vicious life, he shall cause the probationer to be brought before the court wherein the probation was granted. For this purpose any peace officer or state parole officer may rearrest any such person without warrant or other process. The court may thereupon in its discretion without notice revoke and terminate such probation. In the event the judgment has been pronounced by the court and the execution thereof suspended, the court may revoke such suspension, whereupon the judgment shall be in full force and effect, and the defendant shall be delivered to the sheriff to be transported to the penitentiary or reformatory as the case may be. If the judgment has not been pronounced, the court shall pronounce judgment after such revocation of probation and the defendant shall be delivered to the sheriff to be transported to the penitentiary or reformatory, in accordance with the sentence imposed.

9.95.240 Dismissal of information or indictment after probation completed. Every defendant who has fulfilled the conditions of his probation for the entire period thereof, or who shall have been discharged from probation prior to the termination of the period thereof, may at any time prior to the expiration of the maximum period of punishment for the offense for which he has been convicted be permitted in the discretion of the court to withdraw his plea of guilty and enter a plea of not guilty, or if he has been convicted after a plea of not guilty, the court may in its discretion set aside the verdict of guilty; and in either case, the court may thereupon dismiss the information or indictment against such defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense of crime of which he has been convicted. The probationer shall be informed of this right in his probation papers: Provided, That in any subsequent prosecution, for any other offense, such prior conviction may be pleaded and proved, and shall have the same effect as if probation had not been granted, or the information or indictment dismissed.

APPENDIX “C”

A review of the court cases construing the Suspended Sentence and Probation Acts has been made. Except that the Suspended Sentence Act is not available upon conviction for certain felonies, the court, in its discretion, may elect to use either act; there is no conflict in their provisions. Under the Suspended Sentence Act, the suspended sentence may be kept hanging over the person sentenced until otherwise ordered by court; under the Probation Act, suspension of the imposition of sentence may continue for a time not ex

ceeding the maximum term of sentence which could have been imposed. Revocation of suspension of sentence or revocation of probation of sentence has been deferred, must take place before the court can take further action. If sentence to imprisonment is then imposed, it runs from the date of imposition (Pitts v. Rhay, 392 P.2d 234 (1964); State v. Shannon, 376 P.2d 646 (1962); State v. Essary, 375 P.2d 486 (1962); In re Jamie v. Rhay, 365 P.2d 772 (1961); State v. Davis, 355 P.2d 344 (1960)). The order suspending execution of sentence is final and appealable (State v. Liliopoulos, 5 P.2d 319 (1931); the order suspending the imposition of sentence is not a final judgment and is not appealable (State v. Shannon, supra). Expungement of the record of conviction may follow the suspension of execution of sentence as it does the suspension of imposition of sentence (Ops Atty Gen, 61-62, No. 187). Expungement occurs only after the court has dismissed the proceedings in accordance with the statutory authority (Jamie v. Rhay, supra). Although the state has designated the suspension of the imposition of such sentence as a conviction, it is not, following an expungement, a conviction for the purpose of a law taking away the pension of a police officer who has been convicted of a felony (Tembruell v. City of Seattle, 392 P.2d 453 (1964)).

MATTER OF OLIVERA

Application for Permission to Change Schools

A-13325700

Decided by District Director August 6, 1965

A Nonimmigrant student who has completed an intensive English course at an approved institution of learning and now wishes to enroll at a commercial college, which is also an approved institution of learning, for a secretarial course is granted permission to change institutions since she has a definite educational objective; the transferee institution has determined that she is qualified to carry a full course of study; and applicant has established that she has sufficient funds to maintain herself while in the United States.

The applicant, a native and citizen of Peru, born February 6, 1939, in Lima, arrived in the United States at Los Angeles, California, on April 23, 1964. She was admitted as a visitor for three months under section 101(a)(15)(B) of the Immigration and Nationality Act and, thereafter, granted extensions of stay to January 22, 1965. While in lawful status as a temporary visitor she was accepted for a full-time course of study in English at the University of Miami, an institution approved by this Service for attendance by nonimmigrant students. Thereupon, she applied for a change of nonimmigrant status from that of a temporary visitor to that of a nonimmigrant student under section 101(a)(15) (F) of the Immigration and Nationality Act. She was found eligible for the change of status and her application was granted on September 1, 1964. In conjunction with the approval of that application she was granted an extension of her temporary stay in her newly acquired status until August 2, 1965.

She has completed the intensive English course and now wishes to enroll at the Charron-Williams Commercial College for a secretarial course. Forms I-20A and I-539, properly endorsed by the CharronWilliams Commercial College, have been submitted. The applicant has established that she is receiving $300 per month from her father. She has a definite educational objective and the school has determined that she is qualified to carry a full course of study.

The applicant is a bona fide student carrying a full course of study at an institution approved for the attendance of foreign students. She has established that she has sufficient funds to maintain herself while in the United States. Therefore, it is concluded that her application for a change of schools and extension of temporary stay should be approved.

ORDER: It is ordered that the application for change of schools be approved and an extension of her temporary stay as a student be authorized to August 2, 1966.

MATTER OF PENINSULA SCHOOL, LTD.

Petition for Approval of School

SFR 214.293

Decided by Regional Commissioner November 22, 1965

Application by a private elementary school in California for approval for attendance by nonimmigrant students in accordance with section 101(a) (15) (F), Immigration and Nationality Act, as amended, is denied for failure to establish that the school facilities satisfy local fire and safety requirements.

Discussion: This case comes forward on appeal from the decision of the District Director, San Francisco who denied the application on July 15, 1965.

The petitioning school is a private, independent, parent-owned, incorporated, elementary school established in 1925 and located in Menlo Park, San Mateo County, California. It holds classes five days a week during a regular school term and has an average of 190 students and 25 instructors. The school curriculum is the same as that generally found in public elementary schools but with more emphasis on freedom of self expression, learning by doing and experimenting with new approaches to, and new techniques in, the learning process.

The school is seeking approval for the acceptance of nonimmigrant foreign students and has filed Form I-17, "Petition for Approval of School for Nonimmigrant Students." Students may transfer from the petitioning school to public schools and vice versa. Upon completion of the elementary curriculum the students are accepted at local high schools.

The Executive Secretary of the Accrediting Commission for Secondary Schools, Western Association Schools and Colleges, Burlingame, California by letter to the San Francisco office on July 7, 1965 advised as follows:

The Peninsula School, Ltd., Menlo Park, California is not accredited by this Association nor by the University of California. Since the State Department of Education of California does not provide accrediting services for secondary

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