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Motion to Vacate Past Criminal Convictions: PC 1473.7  

 

In 2010, the California Supreme Court stripped noncitizens of the right to vacate convictions through writs of habeas corpus and error coram nobis, which had been their primary avenues for relief for decades. In 2017, the California Legislature addressed this need by passing Penal Code section 1473.7, which permitted noncitizens who were no longer in criminal custody to vacate a conviction if they suffered error that damaged their ability to meaningfully understanding, defend against, or knowingly accept the immigration consequences of a conviction or sentence.  

 

Since its passage there have been significant amendments to 1473.7 and two California Supreme Court cases which define and shape our understanding of the statute. There remain conflicts in the Courts of Appeal over the interpretation of 1473.7, however, and a case is looming on the horizon that will clarify these conflicts. This presentation will explain the basics of these motions, some of the current best practices, the significance of the current case law, and the pending case in our Supreme Court and its significance.