Motion to Vacate – PC 1473.7 – How to Vacate a Plea for Lack of Immigration Advisement

Facing deportation or other immigration consequences as a result of a prior conviction can be extremely distressing. Fortunately, there are still legal strategies that can be leveraged to vacate pleas or convictions that were instated without adequate immigration advice. For individuals located in areas such as San Fernando Valley and Los Angeles who are at risk of deportation, California Penal Code Section 1473.7 can answer the question of how to vacate a plea for lack of immigration advisement.

The Problem: Lack of Understanding About How Criminal Cases Can Affect Immigration Status

It is not uncommon for people who are applying for certain immigration benefits or US citizenship to receive a Removal Notice from the Department of Homeland Security. These notices commonly result from plea deals or convictions that happened many years ago, at a time when the person facing criminal charges did not understand the potential consequences it could have on their immigration status.

Unfortunately, many US immigrants who are facing criminal proceedings are not adequately informed by their attorneys or the court system about how case outcomes could potentially impact their immigration status. Therefore, they may accept plea deals instead of trying to fight the charges, implicating them in a crime and triggering removal proceedings. Contact a criminal defense attorney in Los Angeles, CA today.

What Is California Penal Code Section 1473.7?

California Penal Code Section 1473.7 is a section of state law that allows people who are no longer in custody to ask the court to vacate a plea or conviction. In order to do so, they will need to show that the plea or conviction is linked to negative immigration consequences and that they were not aware of the specific consequences when they made the plea or during their conviction process.

Furthermore, individuals asking to vacate a plea or conviction under Penal Code 1473.7 need to show they did not understand the potential consequences of the criminal proceedings on their immigration status due to the failure of the court to properly advise the individual or inadequate assistance from their legal counsel. For immigrants who were uninformed or misadvised about how their criminal case could impact their legal status, this tool can be a critical lifeline.

What Are the Requirements for Penal Code 1473.7?

Unfortunately, not everyone can take advantage of Penal Code 1473.7. The specific requirements for leveraging this legal remedy include:

• Having a plea deal or conviction: The person must have previously been convicted of a crime or taken a plea deal.
• Suffering from inadequate counsel: During the associated criminal proceedings, the individual was not completely aware of the potential immigration consequences due to the failure of the courts or their legal counsel.
• Facing adverse immigration consequences: Due to the conviction or plea deal, the person is dealing with denial of US citizenship, deportation or removal orders, or other negative immigration consequences.
• Not being in custody: The person must have completed their sentence and no longer be in custody. This means that whether they were assigned parole, prison, jail, or probation, they have fully finished their penalties from the conviction.

To understand whether you or your loved one sufficiently meets the requirements to leverage this key legal remedy in California, it is recommended to work with an experienced immigration lawyer. They can work closely with you to understand the details of your case, thoroughly analyzing your criminal proceedings to determine whether you are eligible for requesting a motion to vacate under PC 1473.7.

How to Vacate a Conviction or Plea Deal Under PC 1473.7

The process for vacating a plea deal or conviction under 1473.7 is relatively straightforward but requires a deep understanding of both state court legal proceedings and immigration law to reach successful outcomes.

Firstly, a motion must be filed with the court where the conviction or plea deal in question happened. The motion will need to show that the individual was not aware of the potential immigration consequences that their conviction or plea would have and that this was due to the failure of the court or their attorney to give adequate legal counsel.

After the motion has been filed, a hearing will be scheduled. During this hearing, the person who filed the motion – otherwise known as the petitioner – will need to bring forward strong evidence that backs their claims. If they successfully defend their case, the court will vacate the conviction. If a conviction or plea is vacated, it will be completely erased from the criminal record, appearing as if the instance never even happened.

The Urgency of Acting Now

The sooner an individual facing immigration threat linked to their prior plea or conviction act handles the issues, the higher their chances of successfully clearing their criminal record. Individuals located in areas where there are high concentrations of immigrants, such as in the Los Angeles area, can highly benefit from this information. If a loved one or someone you know is facing challenges due to a criminal record, sharing information about PC 1473.3 can be life-changing for them.

FAQs About California Vacate a Plea for Lack of Immigration Advisement

Who Can Benefit From Vacating a Plea or Conviction Under PC 1473.7?

Those with a California conviction or sentence on their record can benefit from using PC 1473.7 to vacate parts of their criminal record that threaten negative legal consequences. Those in the city of Los Angeles and surrounding areas where there is a high concentration of immigrants, such as the San Fernando Valley, often take advantage of this law. However, there are many specific requirements that must be met first, and not everyone is eligible.

Will PC 1473.3 Always Be an Option?

As immigration laws in California and the United States are always changing, it is not certain that invoking PC 1473.3 to vacate your record will always be an option. Therefore, it is critical to address the situation now to avoid serious negative immigration consequences. Noncitizens who vacate a conviction under PC 1473.3 ensure that they will not face a deportation order, can access critical immigration benefits, and even ultimately pursue citizenship.

How Is a 1473.3 Motion Filed?

To file a 1473.3 motion, it’s recommended that you work with a lawyer. They can help you fill out paperwork and explain your options. It can be difficult to navigate this process by yourself, and it’s important that you complete everything correctly so that your motion is successful.

How Can a Criminal Conviction Affect My Immigration Status?

A criminal conviction can have many negative effects on your immigration status. In some cases, noncitizens who are convicted of crimes may even be deported. Often, those who have been convicted of an offense in the past face difficulty when attempting to change their status and apply for a green card. However, PC 1473.3 may allow you to vacate your criminal record if you meet certain requirements.

Work With an Experienced Immigration Lawyer to Vacate a Plea or Conviction

If you or a loved one is facing immigration challenges due to a prior plea or conviction, filing a motion to vacate under PC 1473.7 could be the ideal solution. A dedicated and compassionate immigration lawyer from the Law Offices of James E. Silverstein can assess your case and determine whether this legal remedy could be an option. Contact us today so we can develop a strong legal strategy to protect your immigration status.