If you are not a U.S. citizen and you have been convicted of a crime, you know that there could be serious consequences like deportation. However, this does not mean that you are out of options. You may be able to petition the court to grant you something known as post-conviction relief, which can help vacate or modify your conviction as well as give you a right to stay in the U.S. There are many different types of post-conviction relief under California law. Some of these include motions to overturn the conviction based on ineffective assistance of counsel, reducing your conviction to a misdemeanor, withdrawing a no-contest plea because you were not advised of consequences, or motions to withdraw a plea for other reasons.
Why Should You Worry?
If you have been convicted of a crime, you may wonder why post-conviction relief may be best for your case. In short, you could receive disastrous consequences if you do not apply. Your conviction could lead to deportation or inadmissibility. If you are found to be inadmissible by the court, you would not be able to re-enter the country after you leave, become a citizen in the future, apply for permanent residence, or change from illegal to legal immigration status at any time.
You should be aware, however, that some forms of post-conviction relief will not entirely eliminate immigration consequences. Your criminal conviction will only be erased if it is vacated because of some sort of legal defect in the conviction, as stated before. If it is vacated for any other reason, your immigration consequences may remain. Some types of relief will only be granted for humanitarian reasons, which means that the conviction was invalid from the beginning.
Because there are so many different scenarios that may call for relief, you have options. This is why you should call us to speak to an experienced attorney today about where to turn. Call us today at The Law Office of Peter Blair.