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 on 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.
Penal Code 1473.7 Vacating Criminal Conviction for Immigration Purposes
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 a conviction.
Requirments of a 1473.7 Motion
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If the motion is successful, the plea is withdrawn and the conviction ceases to exist.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.
Los Angeles Post-Conviction Relief Attorney for Immigration Purposes
Los Angeles criminal defense lawyer, R.J Manuelian has successfully helped clients vacate a California conviction for immigration purposes. If you have been convicted of a crime in California, get in touch with a Los Angeles criminal defense attorney experienced with Penal Code 1473.7 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) 248-6784. Se habla Espanol.