Domestic Violence Conviction Vacated and Dismissed

I was retained for a case where my client had a domestic violence conviction from 2008 causing her to be denied U.S. status (ie. Lawful residency and citizenship).  I was not her attorney in 2008 at the time of that conviction.  Our goal was to get her conviction vacated and resolved in a way that was immigration safe.

Her previous attorney, unbeknownst to her, had her enter a plea to a charge that denied her from gaining status in the U.S. and possible deportation.

Step 1: Get the conviction withdrawn and vacated

The first step was to formally motion the court to get the 2008 conviction withdrawn and vacated.  I was successful in accomplishing that, which essentially reopened the case as if there was never a conviction.

Step 2: Resolve the case with an Immigration safe conviction or complete case dismissal  

Following our successful motion to get the conviction vacated, efforts were made to resolve the case in a favorable manner. Our goal was to resolve the case in a way that would allow my client to move forward with getting U.S. Status immediately.  Unfortunately those efforts initially came up short from our ultimate goal, so we decided to move forward with trial.  A few days later and after additional communications with the D.A.’s office, the case was completely dismissed in Court! 

I am so happy we were able to resolve this case with a “best case scenario” resolution. This resolution allows my client to move forward with applying for status in the U.S. immediately.   Also, after removing the conviction she can remain in the U.S with her children and other extended family members without fear of deportation!  Justice 15 years later!

From my time getting to know her while working on her case I can say this favorable resolution could not happen to a nicer, more good-hearted person. 

If you have an older conviction that is causing issues with your immigration status, or even worse deportation, call me. I can be reached at 818-336-1384 to discuss your situation. It is possible that I may be able to undue your conviction to improve your status in the United States.

Philip Hache, Attorney