Post-conviction Relief

Post-conviction relief is the process in which a criminal conviction is changed, reduced, or vacated after a conviction is final. Some manners of changing a conviction are not recognized for immigration purposes. If there is a constitutional or procedural violation in the underlying conviction, however, and the court grants post-conviction relief, then the crime may no longer affect the individual’s immigration case. The constitutional basis for post-conviction relief is often that the defendant’s plea was not voluntary because he or she entered the plea without being properly advised of the adverse immigration consequences of the plea.