Post Conviction Relief

In many instances, especially when immigration issues arise, an expungement is not going to be of assistance because of the strict guidelines and examination by Homeland Security.  An expungement in criminal court may not necessarily clear your record for immigration purposes. 

For instance, courts have ruled that if a defendant charged with simple possession of narcotics in state court, who would have qualified under certain federal guidelines to be characterized as a first offender if they were charged in federal court, receives an expungement, this could cause them to not be deemed convicted in immigration court, and therefore would not allow the immigration court to deport them, remove them, deny them naturalization, etc., at least on those grounds. (Lujan-Armendariz v. INS (2000), 222 F.3d 728.  However, what if the person was convicted of possession of narcotics for sale?  An expungement would be no help.

In cases such as this, a Motion to Vacate the Judgment may be the proper vehicle for relief, aside from an appeal.  This would be asking the trial court to vacate the conviction, as a result of some error at the trial court level, for ineffective assistance of counsel, etc.
Another reason to take this type of path may be because the defendant is facing an "aggravated felony" or "crimes of moral turpitude" in an immigration setting, which could cause problems of deportation or removal, denial of naturalization, denial of amnesty, or denial of citizenship.  We are highly competent in handling these matters using the proper procedures and channels to get you the most cost effective relief available.  Do not place your future in the hands of someone uneducated in this ever changing area of law.  The security of your family and loved ones is extremely important, and you need the skills of a knowledgeable lawyer handling this sensitive matter to ensure your ability to continue towards a successful future.

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