Post Conviction Relief

A way of avoiding deportation of a criminal conviction is to return to criminal court to “vacate” the conviction. This is known as seeking “post conviction relief.” Any person convicted of a crime may, pursuant to post conviction relief, file with the criminal division manager's office of the county in which the conviction took place a petition for post-conviction relief captioned in the action in which the conviction was entered. A petition for post-conviction relief is cognizable if based upon any of the following grounds:

(a) Substantial denial in the conviction proceedings of defendant's rights under the Constitution of the United States or the Constitution or laws of your own State;

(b) Lack of jurisdiction of the court to impose the judgment rendered upon defendant's conviction;

(c) Imposition of sentence in excess of or otherwise not in accordance with the sentence authorized by law.

(d) Any ground heretofore available as a basis for collateral attack upon a conviction by habeas corpus or any other common-law or statutory remedy.

Except as otherwise required by the Constitution of certain states, a petition pursuant to post conviction relief is the exclusive means of challenging a judgment rendered upon conviction of a crime.

Post-conviction relief is not, however, a substitute for appeal from conviction or for motion incident to the proceedings in the trial court, and may not be filed while such appellate review or motion is available.

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