People make mistakes in their lifetime and often times those mistakes can catch up to you. A mistake from 20 years ago can hinder an immigrant trying to apply for a green card or citizenship. Fortunately, the criminal justice system gives individuals a chance to right their wrongs and move from past mistakes and pave the way for a better future.
A vacatur is a legal process in which a judgement against a Defendant has been entered in the past and is later on “vacated” or “modified” to a misdemeanor conviction or a lesser judgement. There are a couple underlying factors that may be considered by the State Attorneys office or the Court when determining if there is grounds for relief. Some of these factors are: unconstitutional or unlawful, out of jurisdiction, excessive sentence, involuntary plea, and ineffective assistance of counsel.
Vacating a felony conviction opens the door to many more opportunities. While it can be a tedious and lengthy process, it is possible to do an experienced and knowledgeable attorney.
Please contact our office if you have any additional questions regarding vacaturs.
By: Valentina Quintero