Vacating Past Massachusetts Convictions for Immigration Reasons
For many non-citizens, a past criminal conviction in Massachusetts can have devastating consequences on their immigration status. A conviction—even for a minor offense—can lead to deportation, inadmissibility, or denial of citizenship. Fortunately, Massachusetts law provides a way to vacate past convictions in certain circumstances.
One of the most powerful legal tools for non-citizens seeking to undo a conviction is a Rule 30 Motion for a New Trial based on ineffective assistance of counsel. If your defense attorney failed to inform you of the immigration consequences of taking a plea, you may be eligible to have your conviction vacated.
In this comprehensive guide, we will explain:
✅ What it means to vacate a conviction in Massachusetts.
✅ How a Rule 30 Motion for a New Trial works.
✅ The role of ineffective assistance of counsel in vacating convictions.
✅ How non-citizens can use this process to protect their immigration status.
1. Why Vacating a Conviction Matters for Immigration
For immigrants, a criminal conviction can trigger severe immigration consequences, including:
🚨 Deportation (Removal): Many convictions, including certain drug offenses, theft, or crimes of violence, can result in mandatory deportation under federal immigration law.
🚨 Inadmissibility: Some convictions make non-citizens ineligible to re-enter the U.S., adjust their status, or obtain a green card or citizenship.
🚨 Denial of Citizenship: A criminal record can bar a permanent resident (green card holder) from becoming a U.S. citizen due to "bad moral character."
Many immigrants accept guilty pleas without understanding the immigration consequences—only to find out years later that their conviction is preventing them from staying in the U.S. Vacating a conviction can remove this obstacle and help secure legal immigration status.
2. What Does It Mean to Vacate a Conviction?
Vacating a conviction nullifies the guilty plea or trial verdict, as if the conviction never happened. This is different from sealing or expunging a record—vacating a conviction removes it entirely.
In Massachusetts, the most effective way to vacate a conviction is by filing a Rule 30 Motion for a New Trial based on ineffective assistance of counsel (IAC).
3. The Legal Basis: Rule 30 Motion for a New Trial
Under Massachusetts Rule of Criminal Procedure 30, a defendant can request a new trial if their conviction resulted from a violation of their constitutional rights.
One of the strongest arguments for vacating a conviction under Rule 30 is ineffective assistance of counsel (IAC).
Ineffective Assistance of Counsel and Immigration Consequences
The Sixth Amendment to the U.S. Constitution guarantees criminal defendants the right to effective legal representation. In Padilla v. Kentucky, 559 U.S. 356 (2010), the U.S. Supreme Court ruled that defense attorneys must inform non-citizen clients of the immigration consequences of a guilty plea.
Failure to do so constitutes ineffective assistance of counsel, which can be grounds for vacating a conviction under Rule 30.
Key Elements of a Successful Rule 30 Motion for Ineffective Assistance of Counsel
To vacate a conviction based on ineffective assistance, a defendant must show:
1️⃣ Deficient Performance: Their attorney failed to advise them about the immigration consequences of their guilty plea.
2️⃣ Prejudice: If the attorney had provided correct advice, the defendant would not have pleaded guilty and would have gone to trial instead.
💡 Example: An immigrant charged with drug possession pleads guilty after being told it won’t affect their green card—only to later find out that drug convictions result in mandatory deportation. Had they known, they would have fought the case in court instead of pleading guilty.
4. Common Criminal Convictions That Affect Immigration
Many Massachusetts convictions can lead to deportation or inadmissibility. Some of the most common include:
🔴 Crimes Involving Moral Turpitude (CIMT):
Larceny (theft)
Fraud
Domestic violence
Assault & battery with a dangerous weapon
🔴 Aggravated Felonies (Under Immigration Law, Not Just Massachusetts Law)
Drug trafficking
Firearms offenses
Sexual assault
Burglary or robbery
🔴 Controlled Substance Offenses
Drug possession (even marijuana in some cases)
Distribution or intent to distribute
Prescription fraud
🔴 Violent Crimes or Domestic Violence
Assault & battery on a family member
Restraining order violations
Stalking
If you have any of these convictions and were not informed of the immigration consequences, you may be eligible to file a Rule 30 Motion for a New Trial to vacate the conviction.
5. The Process: How to File a Rule 30 Motion for a New Trial
Step 1: Obtain Legal Representation
Vacating a conviction is a complex legal process—it is critical to work with an experienced criminal defense and immigration attorney.
Step 2: Gather Evidence
Your lawyer will review your case and gather evidence, including:
✅ Court records (plea agreement, transcript of proceedings)
✅ Affidavits (your sworn statement about what your attorney did or didn’t tell you)
✅ Immigration records (if available)
Step 3: File a Rule 30 Motion
Your attorney will file a motion with the court arguing that you received ineffective assistance of counsel under Padilla v. Kentucky.
Step 4: Attend a Hearing
The judge may hold a hearing, where your attorney will present arguments and evidence. The prosecution may oppose the motion, but if successful, the conviction will be vacated.
Step 5: Address Immigration Consequences
Once your conviction is vacated:
✅ Your immigration attorney can argue that the prior conviction no longer exists for immigration purposes.
✅ This may stop removal proceedings or allow you to apply for a green card, visa, or citizenship.
6. What Happens After a Conviction Is Vacated?
Once a conviction is vacated, it no longer exists in the eyes of the law. However, this does not automatically dismiss criminal charges.
After a conviction is vacated, the prosecution may choose to refile the charges. In many cases, your attorney can negotiate a new plea deal for an immigration-safe offense—or push for an outright dismissal.
7. Alternative Options if Rule 30 Motion is Denied
If the court denies your Rule 30 Motion, there may still be other options:
✔ Appeal the Decision: You may be able to appeal to a higher court.
✔ Seek Post-Conviction Relief in Federal Court: In some cases, federal courts may intervene.
✔ Pardon or Commutation: A pardon from the Governor of Massachusetts may remove immigration consequences.
8. Final Thoughts: Protect Your Future by Vacating a Conviction
If you are a non-citizen with a past conviction, you are at risk of deportation, inadmissibility, or denial of citizenship.
🚨 A Rule 30 Motion for a New Trial based on ineffective assistance of counsel may be your best chance to vacate your conviction and protect your immigration status. 🚨
🔹 Act fast. The longer you wait, the harder it may be to challenge a conviction.
🔹 Hire an experienced attorney. Immigration law and criminal law are complex—work with someone who understands both.
🔹 Know your rights. If your attorney failed to inform you of immigration consequences, you have legal options.
📞 Contact Our Firm Today for a confidential consultation. We can help you vacate past convictions and protect your immigration future.