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Post-conviction relief is different than an expungement or a seal and destroy. If you are not a U.S. citizen, a criminal conviction can lead to deportation or other immigration consequences. It may be possible to petition the court to grant you post-conviction relief by vacating or modifying your conviction. This, in turn, may preserve your right to stay in the country. If you are an immigrant and have a conviction for a deportable or inadmissible crime on your record, you may be able to receive some form of post-conviction relief that will make your conviction disappear for immigration purposes. This is especially likely if you were convicted or pled guilty because of ineffective assistance of counsel or because you were not properly informed of the potential immigration consequences of a conviction.
A criminal conviction, even for certain minor offenses, can have immigration consequences for people who are not U.S. citizens. Under the federal Immigration and Nationality Act (usually referred to as the “INA”), a conviction can result in deportation or inadmissibility. If you have a criminal conviction on your record that is on the list of deportable crimes or inadmissible crimes, and you do not remove the conviction through post-conviction relief, then you can be deportable or inadmissible. Avoiding deportation or inadmissibility is a major priority for immigrants accused of crimes. Please contact our office to determine if you qualify.
