Post-Conviction Relief Can Prevent Deportation And Improve Future Opportunities

It's no secret that conviction of a criminal charge can have negative consequences long after you serve time in jail or otherwise resolve your case. This is particularly true for immigrants, who may face deportation as a result of a criminal conviction.

However, a conviction by a jury or by accepting a plea agreement does not mean your case must end with that resolution. Individuals who feel the outcome of a criminal case is unjust may seek justice through several post-conviction relief options. These include a motion for a new trial or appellate review, as well as a motion to withdraw a plea whose ramifications were not clearly explained.

At the Law Office of Jacklyn Bentley in San Jose, I represent individuals throughout California in appeals and post-conviction relief matters. I am a former prosecutor with extensive criminal defense trial experience as criminal defense attorney as well. I understand what is necessary to successfully pursue post-conviction relief.

Vacating A Conviction

As of Jan. 1, 2017, California Penal Code section 1473.7 allows people who are no longer in criminal custody to file a motion to "vacate a conviction" or sentence for either of the following reasons:

  • A prejudicial error damaged the arrested party's ability to understand, defend against or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere.
  • New evidence indicating actual innocence has been discovered.

Save Your Future

Similar to sealing or expunging a criminal record, post-conviction relief gives a person a second chance at a positive future. For immigration purposes, it may be critical to allowing a person to remain in the U.S. I can work with law enforcement officials to get them to:

  • Vacate or drop the conviction completely
  • Vacate the conviction and enter a plea to a lesser offense
  • Modify the plea in order to pursue an immigration waiver
  • Modify a sentence

Work With A Lawyer Who Is Committed To Your Cause

It is important to respond promptly if you believe the outcome of your trial has been unjust. Contact me at 408-333-9192 or use my online contact form to schedule a consultation.