CA Penal Code 1473.7 PC - Motion to Vacate Judgment
A motion to vacate judgment is a formal request to the court to set aside a criminal conviction. In California, such motions are filed under Penal Code 1473.7 PC, which permits individuals no longer in custody to seek to vacate a judgment in a criminal case.
The motion generally focuses on a few key issues. Initially, a prejudicial mistake hindered a defendant's ability to accurately comprehend, defend against, or knowingly accept the negative immigration consequences of a guilty or nolo contendere plea, also known as "no contest."
Second, the motion might be grounded on newly found evidence of actual innocence. This law became effective at the start of 2017. Prior to 2017, people convicted of crimes seeking to overturn their judgments generally filed habeas corpus petitions.
Habeas Corpus Petitions
Habeas corpus petitions are only accessible while the defendant is in custody; once they are released, they cannot file such a petition. This means individuals who are out of custody lack a legal way to ask the court to overturn their conviction.
Additionally, some convictions can lead to immigration issues, including deportation for non-citizens. As a result, deportations occurred even when there was a valid reason to challenge the conviction, because courts had no means to revisit the case.
Our California criminal defense lawyers will explore this issue further below.
Legal Grounds for Vacating a Judgment
Under California law, Penal Code 1473.7 specifies three main legal grounds for vacating a judgment, including:
- The conviction or sentence is legally invalid due to a prejudicial error in the proceedings. This error must have impaired the defendant's ability to understand, defend against, or accept possible negative immigration consequences. If a conviction is deemed legally invalid, it may lead to a finding of ineffective assistance of counsel.
- New evidence has recently been found that suggests the defendant's innocence.
- The defendant's conviction or sentence was influenced by race, ethnicity, or national origin.
A prejudicial error involves defense counsel's violations, such as failing to properly advise the defendant about potential immigration consequences or to pursue a plea deal to prevent them.
For an error to be considered prejudicial, it must have impaired the defendant's ability to understand, defend against, or knowingly accept the negative immigration outcomes of a guilty plea.
A common example is when defense counsel neglects their duty to inform the defendant about the specific immigration consequences associated with a plea.
Newly uncovered evidence might include DNA evidence, another individual admitting guilt, or evidence of widespread illegal activities by the police or crime lab.
A defendant can demonstrate that the legal process prejudiced them if they prove that an error harmed their case. Specifically, if the defendant shows they would not have pleaded guilty without the error or would not have rationally accepted a plea deal, prejudice is established.
All motions filed under Penal Code 1473.7 PC are entitled to a hearing before a judge. You do not need to appear in court personally as long as your defense attorney is present at the hearing.
Other Methods to Remove a Criminal Conviction
Other methods exist to have a criminal conviction vacated, including:
- Appeals;
- A plea withdrawal according to Penal Code 1018 PC.
- A drug conviction vacated through deferred entry of judgment under Penal Code 1203.4 PC.
- A sentence vacated under Penal Code 1016.5 PC if the court did not provide the defendant with sufficient information about possible immigration consequences.
- A dismissal based on the interests of justice under Penal Code 1385 PC.
Understanding all available options to vacate a judgment is crucial if you're facing possible deportation due to a criminal conviction.
Benefits of Getting a Judgment Vacated?
If a defendant succeeds in their motion to vacate the judgment, their conviction will be removed from their criminal record. If they had entered a plea, it would be withdrawn.
However, this does not automatically dismiss the case; it only means the case is rejected if the prosecutor agrees to dismiss it. The prosecutor might instead propose a different plea deal or choose not to make an offer, leading to a trial.
Any time spent in custody will count as time served if the defendant pleads guilty or is convicted. If the motion to vacate is denied, the defendant can appeal to a higher court. Conversely, the prosecutor also has the right to appeal if the motion is granted.
When Is It Possible to File a Motion to Vacate a Judgment?
A motion to vacate judgment should be submitted promptly, within a reasonable time after the later of:
- The date on which the individual is notified of a scheduled immigration court appearance because of a conviction or sentence; or
- The date on which a deportation order is officially finalized as a result of a conviction or sentence.
An individual does not need to wait for either of the two situations mentioned above. They can submit a motion to vacate the judgment while also applying for an immigration benefit, such as citizenship or permanent residency.
The core right supporting Penal Code 1473.7 PC is the right to counsel, which is protected by the Sixth and Fourteenth Amendments to the U.S. Constitution, as well as Article I, Section 15, of the California Constitution.
This right ensures the defendant receives effective representation. In essence, PC 1473.7 permits someone facing deportation to overturn a conviction that causes immigration problems if their lawyer did not warn them about these consequences.
Typically, this happens after accepting a plea deal. Reach out to the Hedding Law Firm for a case review.
