; or (ii) departed the United States while an order of removal was outstanding. (C) Exception Subparagraphs (A) and (B) shall not apply to an alien seeking admission within a period if, prior to the date of the alien’s reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Secretary of Homeland Security has consented to the alien’s reapplying for admission. . 4. Expungement and sentencing (a) Definition of conviction (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, with respect to an alien, a formal judgment of guilt of the alien entered by a court. (B) The following may not be considered a conviction for purposes of this Act: (i) An adjudication or judgment of guilt that has been dismissed, expunged, deferred, annulled, invalidated, withheld, vacated, or pardoned by the President of the United States or the Governor of any State. (ii) Any adjudication in which the court has issued— (I) a judicial recommendation against removal; (II) an order of probation without entry of judgment