Vacating Convictions Under California Penal Code 1473.7 – Post-Conviction Immigration Relief

Experienced California Criminal & Immigration Post-Conviction Attorney

California Penal Code 1473.7 has become one of the most powerful tools for non-citizens seeking post-conviction relief. Enacted in 2017, this law allows individuals no longer in criminal custody to challenge and vacate old convictions that carry serious immigration consequences, including deportation, denial of naturalization, and loss of lawful permanent residence.

For many immigrants in California, even a minor conviction from years ago can suddenly become life-changing once it triggers removal proceedings. Penal Code 1473.7 offers a critical lifeline by allowing individuals to correct past injustices and protect their future in the United States.

At Sadri Law, we specialize in vacating convictions under Penal Code 1473.7 and guide clients through every step of the post-conviction relief process.

What Is California Penal Code 1473.7?

Penal Code 1473.7 allows individuals to file a motion to vacate a conviction or sentence after they have completed their criminal sentence. A motion may be filed on three primary grounds:

1. Prejudicial Error Related to Immigration Consequences
This is the most common basis for relief. It applies when an individual did not meaningfully understand the immigration consequences of a plea, often because defense counsel failed to properly advise them.

2. Newly Discovered Evidence of Actual Innocence
This ground applies when new, credible evidence emerges showing the individual did not commit the offense. The evidence must be significant enough that it could have changed the outcome of the case.

3. Convictions Based on Racial, Ethnic, or National Origin Bias
PC 1473.7 focuses on fairness and recognizes that many immigrants accepted plea deals without understanding that a conviction could lead to deportation or permanent family separation.

Who Can File a PC 1473.7 Motion?

To qualify for relief under Penal Code 1473.7, a person must:

• No longer be in criminal custody (including jail, probation, or parole)
• Have a conviction that is legally invalid due to prejudicial error or new evidence
• Be experiencing or facing immigration consequences
• File the motion with reasonable diligence after learning of the issue

There is no strict filing deadline, making PC 1473.7 an essential option even for convictions that are many years old.

Why Penal Code 1473.7 Matters for Immigration Cases

A successful PC 1473.7 motion allows the court to vacate the conviction, meaning:

• The conviction is eliminated for immigration purposes
• Deportation proceedings may be avoided or terminated
• Eligibility may be restored for green card renewal, adjustment of status, naturalization, or cancellation of removal

However, vacating a conviction does not automatically end the criminal case. Prosecutors may refile charges, which is why experienced legal representation is essential.

How the PC 1473.7 Motion Process Works

1. Case Investigation & Evidence Gathering
We collect plea forms, transcripts, criminal records, immigration notices, and declarations from clients and prior counsel.

2. Drafting the Motion
We prepare a detailed, evidence-supported legal motion explaining why the conviction must be vacated.

3. Filing the Motion
The motion is filed in the court where the original conviction occurred.

4. Hearing & Legal Argument
We present strong arguments and advocate aggressively for relief.

5. Court Decision
If granted, the conviction is vacated. If denied, appeal options may be available.