Criminal Defense of Immigrants
§ 5.40 1. In General
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Vacating the conviction is only half the battle. It is true that vacating the conviction eliminates it, at least temporarily, for immigration purposes. It returns the client to the position s/he occupied immediately prior to the conviction, and all original charges, even those that have previously been dismissed as part of a plea‑bargain, are reinstated. The client thus runs some risk of being convicted of additional charges, over and above the original convictions, and some risk of being sentenced to a greater sentence than the original sentence, and should have been advised of this possibility before vacating the conviction. See § § 11.75-11.77, infra. Counsel should be prepared to argue that the client cannot legally receive a greater sentence as a penalty for the exercise of the rights which required that the conviction be vacated, and that the client must be given credit for all time served, and all other punishment previously served. See § 11.77(B)-(E), infra.