*This form is for attorney-use only. If you are not an attorney, please contact us through the IDP hotline and we will assist you.
Vacatur of plea/sentence reduction must clearly improve immigration situation (e.g., avoid deportation, remove bar to green card, make eligible for discretionary relief/waiver, etc.)
No more than one felony conviction requiring 440 relief, or two misdemeanors/violations (unless case presents extremely unusual equities). Separate cases resolved at one hearing count as one conviction.
If sentence date on problematic conviction was prior to March 31, 2010, and lawyer failed to advise (as opposed to misadvice), client must currently have significant equities and/or another viable legal claim to overcome non-retroactivity hurdle.
If client lacks lawful status, s/he must have an articulable path to lawful/stable status.
It is possible to refer trial cases if you can identify a reasonable alternative disposition that defense counsel could have negotiated.
If your client has an open criminal case, and is either not in proceedings or not detained, please wait to refer for a 440 motion on a prior conviction until s/he resolves the open case. If your client is in proceedings and detained with an open criminal case, do not wait to refer for a 440 motion. In that event, disclose the open case on the referral form, and describe the anticipated disposition and its impact on the 440 motion.
You must provide all dispositions and/or criminal history report for your client, as well as the court file and minutes for the conviction requiring PCR.