Post-Conviction Relief
Post-Conviction Relief Services, Protecting Your Immigration Future Through Criminal Record Remedies
At Capital Gateway Immigration, APLC, we understand how a past criminal conviction can threaten your immigration status, your ability to remain in the United States, and your family’s future. Even old convictions can trigger detention, deportation, or denial of benefits such as permanent residency or naturalization.
Post-conviction relief is the legal process of reopening, reducing, or vacating a conviction in criminal court so that it no longer harms your immigration case. With nearly 13 years of experience at the intersection of criminal defense and immigration law, our firm has successfully handled hundreds of post-conviction matters throughout California.
What Is Post-Conviction Relief?
Post-conviction relief refers to a range of legal remedies available after a criminal case has ended. These remedies can include:
- Penal Code § 1473.7 Motions – Vacating a conviction if you were not properly advised of immigration consequences or did not meaningfully understand them.
- Penal Code § 1016.5 Motions – Challenging convictions where the court failed to advise you of possible immigration consequences.
- Penal Code § 17(b) Reductions – Reducing certain felonies to misdemeanors, which can eliminate deportability or inadmissibility.
- Penal Code § 1203.4 Dismissals (Expungements) – Withdrawing pleas and setting aside convictions in certain cases.
- Other State & Federal Remedies – Including habeas corpus petitions and writs challenging unlawful convictions.
Each form of relief is designed to correct legal errors, address ineffective assistance of counsel, or mitigate the immigration consequences of a conviction.
Why Post-Conviction Relief Matters for Immigrants
For noncitizens, a criminal conviction is not just a criminal matter, it is also an immigration matter. Convictions can:
- Trigger deportation or removal proceedings.
- Block adjustment of status, green card renewal, or naturalization.
- Make you inadmissible when applying for visas or returning from travel abroad.
- Eliminate eligibility for waivers, asylum, or cancellation of removal.
By successfully vacating or modifying a conviction, we can often restore eligibility for immigration benefits or protect you from deportation.
Our Approach
Every client’s case is unique. At Capital Gateway Immigration, we:
- Review Your Criminal Record – We obtain certified court records, plea agreements, and sentencing documents.
- Analyze Immigration Impact – We evaluate how each conviction affects your current and future immigration options.
- Identify Legal Remedies – We determine whether a 1473.7 motion, 1016.5 motion, or other relief is appropriate.
- File and Litigate Motions – We draft persuasive motions, argue before the court, and negotiate with prosecutors.
- Coordinate With Immigration Counsel – Because we practice both immigration and criminal law, we ensure that your relief directly supports your immigration goals.
Why Choose Us
- Nearly 13 years of experience in both criminal defense and immigration law.
- Over 2,000 immigration cases handled, with extensive experience in post-conviction motions.
- Recognized authority: our attorney has testified as an expert witness on immigration consequences of criminal convictions.
- Personalized service: we understand the high stakes for you and your family, and we fight tirelessly to protect your future.
Take the Next Step
If you are a noncitizen with a criminal record, do not wait until you are in removal proceedings to explore your options. Post-conviction relief may be the key to keeping your green card, applying for citizenship, or preventing deportation.
Contact Capital Gateway Immigration today to schedule a consultation and learn how we can help safeguard your immigration future.