Post-conviction relief (PCR) is a legal process that lets people challenge their convictions or sentences. This process helps fix mistakes or constitutional violations that the trial or appeal did not address. For noncitizens facing deportation because of a conviction, PCR can be a vital tool.
On what grounds can you seek PCR?
In Oregon, the court can grant post-conviction relief (PCR) if:
- The defense attorney did not provide proper legal help, especially by not telling the defendant about the immigration consequences of a guilty plea.
- Constitutional violations like illegal search and seizure, not getting a fair trial or incorrect jury instructions.
- New evidence that could have a big impact on the trial’s outcome.
- Mistakes in legal procedure, such as errors in admitting evidence, jury misconduct or prosecutor misconduct.
- The court that gave the conviction did not have the right authority to do so.
- The sentence given is more than the legal maximum or is not according to the law.
Non-citizens must file their PCR petitions within two years of the final judgment or the end of direct appeals. If they go over this time limit, the conviction might not be eligible for PCR unless there are special circumstances, like changes in the law that could affect the conviction.
What types of relief can the court grant?
For non-citizens, the court can provide relief that reduces the immigration consequences of a conviction. This can include:
- Vacating convictions: This means the court considers the person not guilty of that crime.
- Reducing sentences: The court can lower the severity of the sentence if the original sentence was too harsh or if new evidence or legal arguments justify a lesser sentence.
- Granting a new trial: If there were significant errors or new evidence that could affect the outcome of the original trial, the court can order a new trial. This gives the person another chance to present their case.
The court may also grant conditional relief, which depends on the person meeting certain conditions, such as completing a rehabilitation program or community service.
Seek the justice you deserve
Facing deportation can be daunting and stressful, especially if it is because of a criminal conviction. Post-conviction relief (PCR) can be a lifeline, giving you a chance to fix past mistakes and build a more stable future for you or your loved one.