Post Conviction

Old convictions present a host of problems for immigrants and citizens alike. Frequently the consequences of a criminal conviction do not become apparent until many years after the conviction such as when applying for an immigration benefit, applying for certain jobs or licenses, or seeking to vote for an election.

California has many mechanisms available for challenging old convictions even if the time to file a direct appeal has expired. There are numerous statutory and common law remedies available to attack the validity of an old conviction.

Post-conviction relief takes on two primary forms: rehabilitative and non-rehabilitative. Rehabilitative relief includes expungements, certificates of rehabilitation, and pardons. Non-rehabilitative relief includes statutory motions to vacate and extraordinary writs such as writs of coram nobis and habeas corpus.

There are many factors that must be considered before filing for post-conviction relief. For instance, expungements are almost always completely ineffective for immigration purposes and can actually damage the ability to pursue non-rehabilitative relief.

Especially in cases in which post conviction relief is sought to solve an immigration issue, it is exceedingly important that the matter be handled by an attorney who is conversant with immigration law given that not all forms of post-conviction relief are effective for immigration purposes.

Berke Law Offices, Inc. is experienced and has been successful in pursuing all types of collateral relief.

There are other matters that arise after a conviction as well including probation violations, probation modifications, and warrant surrenders. Berke Law Offices, Inc. is experienced in all these types of matters across California.

Menu