Unlike some states where individuals may petition the courts to expunge (erase) or seal records of a conviction, Florida draws a firm line: records of criminal convictions cannot be expunged or sealed. Once a person is adjudicated guilty, that record is generally permanent and publicly accessible. This presents perils related to employment, housing, and — for non-citizens — immigration status. 

However, there are alternative avenues for seeking relief from the harsh consequences that stem from a conviction. The following post-conviction remedies may be available.

1. Motion to vacate a conviction — If a person’s conviction resulted from constitutional violations during their trial or plea process, they may be eligible to file a motion to vacate. One ground for such a motion is ineffective assistance of counsel, when an attorney’s performance fails to meet professional standards and adversely affects the outcome. Another is a coerced plea, when a person is forced or misled into pleading guilty. If the court finds merit in the claim and grants the motion, the conviction is set aside, which means it is erased from the record. A vacated conviction may remove these grounds for immigration penalties, offering hope for relief.

2. Post-conviction relief related to immigration consequences — For non-citizens, certain criminal convictions trigger severe immigration consequences, such as deportation and ineligibility for citizenship or visas. The U.S. Supreme Court’s landmark decision in Padilla v. Kentucky (2010) requires a criminal defense attorney to inform a non-citizen client if a plea carries risks such as deportation. Florida courts thus might allow a person to withdraw their criminal plea if they were not properly advised of the immigration consequences. This process, commonly called a “Padilla motion,” can result in reopening the case and allowing negotiation of a new outcome.

3. Pardons — In Florida, the governor has the authority to grant pardons. A pardon does not erase or seal the conviction from the record, but it can have significant practical effects. It restores civil rights (such as voting or sitting on a jury). While a pardon does not guarantee forgiveness of the underlying conduct, it may be considered favorably in various legal or social contexts.

4. Post-conviction appeals — An individual may be within the time frame to file a direct appeal, which challenges errors that occurred during trial or sentencing. Alternatively, new evidence that comes to light may support a motion for a new trial. Appeals and requests for new trials must be filed within a strict time window following conviction or the discovery of new evidence.

When a conviction puts your immigration status is at stake, speak with an experienced criminal defense attorney immediately. A qualified lawyer can assess which remedies are available, advise on the prospects for success and guide you through the process to maximize your chances of success.

The Law Offices of Tad A. Yates, P.A. in Orlando represents people throughout Florida in applications for post-conviction relief. Call us at 407-608-7777 or contact us online to schedule a free consultation.