Vacating a Plea Conviction that has Adverse Immigration Consequences

Under California Penal Code § 1473.7, an old California conviction or sentence can be vacated and this may help with post-conviction relief. This motion would possibly help you with your immigration case.

There are two ways to qualify:

First, you can qualify if your lawyer did not mention or explain the immigration consequences of your plea, and if the lawyer did not defend you from those consequences by plea bargaining of a different charge that would not affect your immigration or if you didn't understand the immigration consequences.

Second, the qualification happens if one has new evidence that proves his innocence. Vacating a Plea Conviction with Adverse Immigration Consequences. The case then becomes an open case and the prosecutors can bring the charges against.

The defense attorney and prosecution then should come to a resolution that avoids immigration consequences. The time for filling is anytime after release of the custody—it can be during probation or parole.

The court then schedules a hearing and upon showing a good cause the motion is approved. And just as a great information the person does not need to be in “removal proceedings”. The motion must be filed without an “undue delay”.

A lawyer can be appointed, and you may not even need to attend the court. The above Penal Code is not specific to certain crimes. Anyone who is released from custody that believes he can prove one of the above reasons can use the motion.

In People v. Patterson the California Supreme Court reaffirmed the right of an immigrant defendant to withdraw the guilty plea if it is proven that he was unaware of the immigration consequences of the conviction at the time of the plea. If you or your loved ones are incarcerated, released and believe they have done “Nolo Contendere” without knowing the immigration consequences of the plea, contact a knowledgeable lawyer who can handle your case.

And remember, the above stated motion is both for Citizens and None US Citizens.

It is advisable to seek legal guidance from our office today as we strive to help guide you with your specific case. 

Attorney Ramona Kennedy cares about your case and will fight for you.

You can contact attorney Ramona Kennedy Law Offices (Kennedy Law LC) for an initial consultation and case evaluation. The first consultation is free of charge. 

WhatsApp, Phone +1(949)-677-0063

Email: [email protected]

Contact Us Today

Ramona Kennedy Law Offices (Kennedy Law L.C.) is committed to answering your questions about Personal Injury, Civil Litigation, Immigration (including Criminal ) Law in California.

We offer a Free Consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Menu