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A motion to vacate can be filed for any defendant that had immigration consequences at the time of pleading guilty or no-contest to a prior crime. Under P.C. §1473.7, a defendant must show that they were not advised or did not understand that pleading to the crime would lead to immigration consequences.
There are other options to vacate a past crime under P.C. §1473.7 as well, such as newly discovered evidence of actual innocence; or showing that a conviction or sentence was obtained on the basis of race, ethnicity or national origin.
A motion to vacate can be filed for any defendant that had immigration consequences at the time of pleading guilty or no-contest to a prior crime. Under P.C. §1473.7, a defendant must show that they were not advised or did not understand that pleading to the crime would lead to immigration consequences.
There are other options to vacate a past crime under P.C. §1473.7 as well, such as newly discovered evidence of actual innocence; or showing that a conviction or sentence was obtained on the basis of race, ethnicity or national origin.
A motion to vacate under P.C. §1016.5, can also be filed. This is when the court had failed to give immigration consequences to the defendant when they plead guilty. This is can either be raised simultaneously with the P.C. §1473.7 or independently. The same factors (mentioned above) used under P.C. §1473.7 are utilized to determine if a Motion to Vacate is available under P.C. §1016.5
Any individual that is subject to taking a guilty or no content plea has right to be advised of his or her immigration consequences as a result of taking that plea. Being blind-sided for pleading to a crime which you were not advised of any immigration consequences is a violation of rights and there are statutes in place to protect your rights!
Get connected with an experienced Crimmigration attorney Today!