Penal Code 1473.7 Motion to Vacate
Penal Code 1473.7 Motion for Immigration Purposes
California Penal Code section 1473.7 allows people no longer in criminal custody to file a motion to vacate a conviction or sentence.?
A Penal Code 1473.7 motion can be filed on either one of two grounds: (1) a prejudicial error damaged the defendant’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere, or (2) newly discovered evidence of actual innocence.?
Penal Code 1473.7 allows motion to be raised?immigration purposes?arguing either: (1) defense counsel violated the duty to investigate and accurately advise the defendant about specific immigration consequences of a plea, (2) defense counsel failed to defend against immigration consequences of a plea by attempting to plea bargain for an immigration-safe plea; and/or (3) the defendant failed to meaningfully understand the immigration consequences of a conviction.
There are timing requirements to litigate a Section 1473.7 motion. After receiving either: (1) a notice to appear in immigration court, (2) other notice from immigration authorities, or (3) after a removal becomes final asserting the conviction or sentence as a basis for removal, this motion must be filed with “reasonable diligence.”
If the motion is successful, the plea is withdrawn and the conviction ceases to exist. The matter may still need criminal representation to seek a jury, a dismissal, or an alternative plea agreement in order to eliminate the immigration consequences.
Vacate a California Conviction for Immigration Purpose
Los Angeles criminal defense attorney, R.J Manuelian has successfully helped clients vacate a California conviction or sentence.?If you have been convicted of a crime in California, get in touch with a Los Angeles criminal defense lawyer right away for a free consultation and discuss with you how we can help.
Whether you need representation in a criminal case, or assistance in one of the post-conviction relief, contact our criminal defense lawyer for a free consultation at (213) 401-2777. Se habla Espanol.?
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Manuelian Law Firm
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