Last updated: July 2026
The Washington Defender Association (WDA) helps non-citizens in Washington State who received inaccurate immigration advice from their criminal defense attorney seek post-conviction relief (PCR) to correct the conviction. WDA’s Padilla Project serves clients statewide, with Yakima, Kittitas, Klickitat, and Skamania counties in South Central Washington as priority counties.
Since 1983, criminal defense attorneys have had a duty to inform clients about the immigration consequences of a plea. That duty was long misunderstood by many attorneys as falling outside the scope of representation, since it was treated as a “collateral” consequence of a conviction.
The U.S. Supreme Court’s decision in Padilla v. Kentucky (2010) made clear that it is not collateral; no advice, or inaccurate advice, about immigration consequences can be grounds for post-conviction relief.
The Court held that the Sixth Amendment’s right to effective assistance of counsel requires defense attorneys to give non-citizen clients affirmative, accurate advice about the immigration consequences of a plea or trial. Failure to do so violates that constitutional right and entitles a non-citizen to petition for post-conviction relief (PCR) to eliminate a conviction that triggers immigration consequences such as deportation.
State v. Sandoval
The Washington Supreme Court held that deportation satisfies the prejudice requirement for these claims.
In re Tsai
Held that the one-year time bar on PCR petitions does not apply to these petitions.
WDA’s Padilla Project, in partnership with community organizations, helps non-citizens who did not receive accurate immigration advice; and who suffered adverse immigration consequences as a result; get back into court to correct unjust and unconstitutional convictions.
Get in touch
I’m seeking help for:
A person I currently represent
You’re their attorney
WDA takes referrals from immigration and criminal defense attorneys. I can represent your client directly for PCR, or provide consultation and technical assistance so you can handle it yourself.
Myself, a friend, family, or community member
Individuals and organizations
Whether you’re seeking relief for yourself or referring a friend, family member, or someone in your community, start here.
Legal requirements for PCR to eliminate immigration consequences
Two things matter most for relief to actually work for non-citizens:
Choose the right legal vehicle
A statutory expungement (felony or misdemeanor) does not eliminate a conviction for immigration purposes. A carefully crafted court order granting a CrR 7.8(b) motion that meets immigration-law requirements does. A governor’s pardon works only in limited circumstances.
Meet immigration-law requirements
An order is only effective under immigration law if it’s expressly based on a “legal defect” in the original proceedings; such as ineffective assistance of counsel, or State v. Blake finding RCW 69.50.4013 (simple drug possession) unconstitutional. Orders based on discretionary or other non-“legal defect” grounds won’t be given effect in immigration proceedings.
Sarah Hudson
WDA Immigration Resentencing Resource Attorney
Post-Conviction Relief FAQs
What is Padilla v. Kentucky?
Padilla v. Kentucky is a 2010 U.S. Supreme Court decision holding that criminal defense attorneys have a Sixth Amendment duty to give non-citizen clients accurate advice about the immigration consequences of a plea. A conviction obtained without that advice can be unconstitutional.
Can I get a conviction reversed because my lawyer didn’t warn me about immigration consequences?
Possibly. If your criminal defense attorney failed to advise you about how a plea would affect your immigration status, you may be able to file a motion to vacate that conviction. WDA can screen your case to see if you qualify.
Does WDA charge for this help?
No. WDA’s Padilla Project provides case screening, consultation, and direct representation at no cost.
What areas does WDA serve?
WDA’s Padilla Project serves clients statewide, with Yakima, Kittitas, Klickitat, and Skamania counties in South Central Washington as priority counties.
Who can refer a case to WDA?
Immigration attorneys, criminal defense attorneys, and civil legal aid attorneys can refer clients directly. Individuals, family members, and community organizations such as WorkSource can also reach out on someone’s behalf.
For a vacate to work for immigration purposes, it must be vacated on the grounds of a “legal defect” — what does that mean?
A “legal defect” means the original conviction has a constitutional problem, such as ineffective assistance of counsel. Only vacatur orders based on a legal defect — not discretionary relief like a standard expungement — are recognized under immigration law.