Post-Conviction Relief for Immigration Purposes
Immigrants to the United States may face deportation or denial of permanent residence based on their criminal record. In these cases, a conviction may be subject to attack years or decades after the court case has concluded. Attorneys at Nolan Barton Olmos & Luciano work closely with skilled immigration attorneys to seek post-conviction relief to eliminate the immigration consequences of past convictions.
California law permits individuals to move to vacate a plea or conviction if they did not meaningfully understand or knowingly accept the immigration consequences of a conviction or sentence. (Penal Code section 1473.7.) The claim that a conviction is not valid may be based on a violation of the person’s constitutional rights, including the right to effective assistance of counsel, but the right to vacate a conviction is not limited to situations involving ineffective assistance of counsel. California law allows a person to challenge a conviction if they did not meaningfully understand the immigration consequences even when they fought their case at jury trial and even when their attorney did nothing wrong.
A person entering a plea must also be advised by the court of the possibility of adverse immigration consequences of the conviction. If the court record does not show that the court provided that admonition, a person may be able to vacate their conviction. (Penal Code section 1016.5(b).)
The effects of vacating a conviction can be immense for immigration purposes. Attorneys at Nolan Barton Olmos & Luciano have experience with this process and work closely with immigration counsel to pursue post-conviction relief.