Good news for noncitizens. Effective Jan. 1, 2017, noncitizens with old convictions can file a motion to vacate pursuant to California Penal Code section 1473.7.
The grounds to file include ineffective assistance of counsel for immigration, immigration misadvice, failure of an attorney to meaningfully consult with a noncitizen defendant, and failure to knowingly and intelligently understand the immigration consequences of a conviction.
Until now, if a noncitizen was no longer serving a sentence or on probation and parole, they could not vacate a conviction based on the grounds set forth above. They had to show that there was no written waiver in the file or court reporter's notes showing that the court advised them pursuant to P.C. 1016.5 about immigration consequences.
Now noncitizens have a chance to vacate older convictions.
Let me help you file a P.C. 1473.7 motion to vacate in California. I have years of experience filing habeas petition, P.C. 1016.5 motions to vacate and doing other post-conviction relief. I also practice immigration law so I know what you need to do to fight removal or obtain immigration relief.
Phone our office for a consultation with me if you want to consider filing a P.C. 1473.7 motion.
