WHAT IS POST-CONVICTION RELIEF?
Post-conviction Relief is the process of filing a motion in court and seeking to vacate (eliminate), modify, or reduce a conviction in order improve or “clean” your record.
Criminal convictions can cause serious immigration damage, including mandatory deportation, mandatory detention, and disqualification from eligibility for relief from removal in immigration proceedings.
For people whose convictions effectively close all doors to immigration relief, vacating the conviction in criminal court is the only way to preserve a chance of remaining in the United States. The underlying convictions are frequently unlawful. Commonly, the defect lies with a noncitizen defendant’s failure to understand a conviction’s immigration consequences. Recognizing that’s a deportation is an integral part indeed, sometimes the most important part of the penalty that may be imposed on noncitizen defendants, the Supreme Court held in Padilla v. Kentucky that a defense counsel’s failure to provide this immigration advice renders a conviction unconstitutional.
For assistance with legal matters following a conviction, call our office at (559) 297-6800 to schedule a consultation to speak directly with our post-conviction defense lawyer.
