How Post-Conviction Relief Can Help You Avoid Deportation with a Criminal Conviction in California
A criminal conviction in California can have severe immigration consequences, including deportation, denial of naturalization, and loss of legal status. However, post-conviction relief offers hope for many non-citizens facing deportation due to past convictions. With the right legal strategy, certain types of post-conviction relief can help you avoid removal from the U.S. by addressing constitutional errors in your original conviction.
At Burga Law Firm, PC, we've successfully helped clients across Los Angeles, San Bernardino, Riverside, and Orange Counties use post-conviction relief to protect their immigration status. Below, we'll explain how post-conviction relief works, the difference between rehabilitative relief and relief based on constitutional errors, and how our legal team can help you fight deportation.
The Difference Between Rehabilitative Relief and Constitutional Error Relief
When seeking post-conviction relief, it's essential to understand that not all forms of relief can help you avoid deportation. Some types of relief only address the rehabilitation of the defendant, while others correct constitutional errors that occurred during the original criminal proceedings. Only the latter can effectively eliminate the immigration consequences of a criminal conviction.
1. Rehabilitative Relief (No Immigration Benefit)
Rehabilitative relief focuses on reforming or rehabilitating the individual after a criminal conviction. In some cases, individuals may have their convictions expunged or dismissed after successfully completing probation or other requirements. However, rehabilitative relief does not erase the immigration consequences of the original conviction.
For example:
- Expungement (Penal Code § 1203.4)**: This allows a defendant to withdraw a guilty plea after completing probation. While expungement can help with employment or housing, it generally offers **no protection against deportation**. Immigration courts still treat the original conviction as valid.
2. Constitutional Error Relief (Immigration Benefit)
Relief based on constitutional error can directly help avoid deportation because it addresses flaws in the original conviction process. If the conviction is vacated due to a constitutional violation, it is no longer considered valid for immigration purposes. Two key motions in California that address constitutional errors are:
- Penal Code § 1473.7 (Motion to Vacate Conviction)
- Penal Code 1473.7 allows individuals who are no longer in criminal custody to file a motion to vacate a conviction if they can prove that they did not fully understand the immigration consequences of their plea. This is especially important for non-citizens who pleaded guilty without being properly advised of the potential for deportation. If successful, the conviction is vacated, and the deportation risk is eliminated.
- Penal Code § 1016.5 (Failure to Advise of Immigration Consequences)
- Under Penal Code 1016.5, non-citizens can challenge their conviction if they were not warned of the immigration consequences of pleading guilty or no contest to a crime. If the court finds that the defendant was not properly informed, it can vacate the conviction, providing critical relief from deportation.
Both of these motions provide an opportunity to undo convictions that would otherwise trigger removal from the U.S.
How Burga Law Firm, PC Has Successfully Helped Clients Win Post-Conviction Relief
At Burga Law Firm, PC, we specialize in both criminal defense and immigration law, making us uniquely qualified to handle post-conviction relief cases for non-citizens facing deportation. We have successfully vacated convictions and protected clients' immigration status across Los Angeles, San Bernardino, Riverside, and Orange Counties. Here's how we approach these cases:
1. Thorough Case Evaluation: We carefully review the original criminal case for any procedural errors or constitutional violations that could form the basis of a 1473.7 or 1016.5 motion. This includes reviewing whether the defendant was properly advised of their immigration rights.
2. Building a Strong Motion: Our attorneys prepare comprehensive motions with supporting evidence, including declarations from the defendant and expert testimony if necessary. We highlight the failure to advise of immigration consequences or the lack of understanding of the plea agreement's impact on immigration status.
3. Advocacy in Court: Our experienced attorneys represent clients in court, arguing forcefully for relief under Penal Code 1473.7 or 1016.5. We have a proven track record of persuading judges to vacate convictions, helping our clients avoid deportation and secure their future in the U.S.
4. Post-Relief Representation: After a conviction is vacated, we work with our clients to ensure that their immigration status is protected. This may include representation in immigration court or advising clients on the naturalization process.
Why Choose Burga Law Firm, PC?
At Burga Law Firm, PC, we have a deep understanding of both criminal defense and immigration law. Our team has successfully handled post-conviction relief cases, protecting countless clients from deportation in Los Angeles, San Bernardino, Riverside, and Orange Counties. We know how to build a strong case for constitutional error relief, and we're committed to fighting for the best possible outcome for each client.
If you or a loved one is facing deportation due to a criminal conviction, don't wait to seek help. Contact Burga Law Firm, PC today to schedule a consultation and learn how we can assist you with post-conviction relief.
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