Criminal Convictions and Deportation: How to Leverage Post-Conviction Relief and Hardship Waivers
On Behalf of Coughlon Law Firm, PLLC. | May 27, 2025 | Immigration
In Arizona, a single criminal conviction can do more than bring fines or jail time. It can also lead to deportation, especially for noncitizens. Even old convictions or minor offenses may trigger removal proceedings or block your chance to become a lawful permanent resident.
Post-conviction relief and hardship waivers can offer a second chance for those facing immigration consequences tied to their record.
How Criminal Convictions Affect Immigration Status
The immigration system takes a broad view of criminal records. Under federal law, a conviction can include guilty pleas, deferred adjudications, and even some expunged cases. Offenses like aggravated felonies, crimes involving moral turpitude (CIMTs), and drug charges are among the most common reasons people are placed in removal proceedings.
Arizona’s close cooperation with federal immigration agencies adds another layer of risk. Even low-level arrests can trigger contact with ICE, leading to detention and possible deportation even before a conviction happens.
Using Post-Conviction Relief to Weaken the Case for Deportation
Post-conviction relief (PCR) is a legal process where someone asks the court to reopen or modify an old criminal case. If granted, PCR can erase or amend the conviction that’s triggering immigration consequences. For example, if a defense lawyer failed to warn a client about the immigration impact of a plea, that could be grounds for PCR.
However, not all forms of relief work the same way. A conviction vacated for legal reasons may no longer count in immigration court. But if it was cleared for rehabilitation alone, immigration authorities may still treat it as valid.
When Hardship Waivers Can Prevent Removal
For people with a qualifying relative, such as a U.S. citizen spouse, child, or parent, a hardship waiver might stop deportation. These waivers ask the court to consider how removal would impact the family, especially in cases involving serious medical needs, financial dependence, or long-term ties to the U.S.
Even some CIMTs and minor drug offenses, including small marijuana charges, can be waived, depending on the circumstances.
At Coughlon Law Firm, we help clients challenge old convictions and apply for hardship waivers to avoid deportation. If your immigration status is at risk because of a criminal record, contact us today to talk about your legal options.
