What Is Post-Conviction Relief?
A criminal conviction can have a devastating impact on your future. The conviction becomes even more painful if there is a reason to question the legality of the arrest, trial or sentencing. For individuals in this situation, an attorney experienced in post-conviction relief can provide substantial benefits.
Post-conviction relief refers to the process in which an individual asks a judge to vacate his or her criminal conviction in state or federal court. Reasons a judge could vacate a sentence include a violation of the individual’s rights, an unjust sentence or a problem with the representation a previous attorney provided.
If the courts determine that there was a breach of an individual’s rights, the judgment could be vacated. A judge could order an individual released if he or she is imprisoned, impose a new sentence or grant a new trial.
An Option For Immigrants When A Conviction Hurts Their Legal Status
At Roth & Weinstein, LLC, our lawyers have worked with many clients who have damaging criminal convictions in Nebraska or Iowa that make them ineligible for a form of relief or an application with immigration.
We use a criminal court process called post-conviction relief to vacate and wipe away a person’s conviction for the criminal offense. Even very minor offenses like shoplifting or possession of a small amount of marijuana can have a huge effect on a person’s immigration case.