*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.