Vacating a Conviction for Immigration in California
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Vacating a Conviction for Immigration in California

Penal Code § 1473.7 Permit Immigrants to Vacate a Criminal Conviction Penal Code § 1473.7 permit immigrants to apply to vacate a criminal conviction based on their failure to understand the actual immigration consequences, which went into effect January 1, 2017. This new post-conviction relief allows people who are no longer in criminal custody to file a motion to vacate a conviction or sentence. Los Angeles criminal defense attorney, R.J Manuelian has successfully helped clients vacate a California conviction or sentence. For immigration purposes, this section allows motions to be raised 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…

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