Vacating a Massachusetts Criminal Conviction 2018-04-12T21:58:49+00:00

Do you have questions about vacating a Massachusetts criminal conviction?  If so,  call or email The Law Office of Rachel Casseus now.

Contact Attorney Rachel Casseus for a free review to determine if your Massachusetts Criminal Conviction can be vacated

  1. Email at rachel@casseuslaw.com
  2. Call directly any time at 339-222-3434
  3. It’s that easy!

Attorney Casseus will conference with you to determine if you or a loved one qualifies for getting their Massachusetts criminal conviction vacated. Attorney Casseus will work diligently and quickly to vacate your criminal conviction in order to help you or a loved one re-enter the United States, or to help you or a loved one terminate removal/deportation proceedings that were opened against you or your loved one.

Massachusetts General Law Chapter 278 section 29D requires that during a plea colloquy, (the speech that the judge gives to ensure that defendant understands that he/she is waiving his/her right to a jury, and is willingly to plead guilty) the judge warn the defendant of immigration consequences of the plea.  The judge merely has to state the following:

“If you are not a citizen of the United States, you are hereby advised that the acceptance by this court of your plea of guilty, plea of nolo contendere, or admission to sufficient facts may have consequences of deportation, exclusion from admission to the United States, or denial of naturalization, pursuant to the laws of the United States.”  MGL Chapter 278 section 29D.

If the judge omits any of the consequences:

  • deportation
  • exclusion from the United States
  • denial of naturalization

Then there may be a basis for vacating the Massachusetts criminal conviction.  A judge is not required to explain the immigration consequences; however, the judge must state the above three consequences in order for the guilty plea to stand and not face the possibility of being vacated.

Should you or a loved one require the services of an attorney to vacate a criminal conviction in a state other than Massachusetts, do not hesitate to contact Attorney Casseus and she will try her best to refer you to an experienced attorney.