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. The lack of such an admonition provides another reason why a conviction should be vacated.
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.
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.