Using PC § 1473.7 to Vacate Convictions & Cure Immigration Issue
For many non-citizens, a past criminal conviction can have devastating immigration consequences—leading to deportation, denial of green cards, or ineligibility for naturalization. Fortunately, California offers a powerful legal remedy: Penal Code § 1473.7, which allows individuals to vacate a conviction if it was entered without a full understanding of the immigration consequences.
- What Is Penal Code § 1473.7?
Enacted in 2017 and expanded in recent years, PC § 1473.7 allows a person no longer in custody to file a motion to vacate a conviction or sentence if:
- They did not understand the immigration consequences of their plea, or
- There was a prejudicial error that damaged their ability to meaningfully defend against the charges.
This law is especially important for immigrants who accepted plea deals without proper legal advice about how it could affect their immigration status
- Who Can File a 1473.7 Motion?
You may be eligible if:
- You are no longer in criminal custody (e.g., jail or probation).
- You have a criminal conviction that is causing or could cause immigration problems (e.g., deportation, denial of benefits).
- You were not properly advised of the immigration consequences of your plea, or your attorney failed to defend your immigration interests.
- Why Is This Better Than an Expungement?
Unlike expungements, which are often not recognized under federal immigration law, a successful 1473.7 motion vacates the conviction entirely—as if it never happened. This can eliminate the immigration consequences tied to that conviction
- Common Convictions That Trigger Immigration Consequences
- Crimes involving moral turpitude (e.g., theft, fraud, assault)
- Drug offenses
- Domestic violence
- Aggravated felonies
These convictions can lead to deportation, inadmissibility, or denial of relief like asylum or cancellation of removal.
- How Our Firm Can Help
We provide comprehensive support for clients seeking post-conviction relief, including:
- Reviewing your criminal and immigration history
- Determining your eligibility for a 1473.7 motion
- Drafting and filing the motion with supporting evidence
- Representing you in court hearings
- Coordinating with immigration counsel to protect your status
- Take Action Before It’s Too Late
Immigration law is unforgiving when it comes to criminal convictions. If you or a loved one is facing immigration consequences due to a past plea, don’t wait. A 1473.7 motion could be the key to staying in the U.S. and securing your future.
📞 Contact us today at (818) 252-5690 for a free consultation to see if you qualify for relief under Penal Code § 1473.7.
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