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Motions to Vacate · Penal Code § 1473.7

A conviction from your past doesn’t have to decide your future.

If a guilty plea is now blocking your green card, your citizenship — or already led to a removal order — California law may allow a judge to vacate that conviction. Our family firm has practiced criminal and immigration law in Los Angeles for more than 45 years.

45+years practicing law in LA
2fields under one roof: criminal + immigration
EN·ESbilingual attorneys and staff

Free, confidential case review

Tell us what happened. An attorney — not a call center — reviews every submission.

Same-week appointments Se habla español Downtown LA office

Who qualifies

Three legal grounds to vacate a conviction under § 1473.7

You may file if you are no longer in criminal custody for the conviction. A judge must grant the motion when the error is shown by a preponderance of the evidence.

§ 1473.7(a)(1)

You didn’t understand the immigration consequences

The most common ground. If you took a plea without meaningfully understanding it could trigger deportation, block a green card, or bar citizenship — and that error prejudiced you — the conviction is legally invalid. Most of our clients were never truly advised, or would have fought the case had they known.

§ 1473.7(a)(2)

New evidence shows you are actually innocent

Newly discovered evidence — recanted testimony, new witnesses, DNA, proof someone else committed the offense — can require the court to vacate the conviction in the interest of justice.

§ 1473.7(a)(3)

Race, ethnicity, or national origin tainted the case

Under California’s Racial Justice Act (Pen. Code § 745), a conviction or sentence obtained because of bias based on race, ethnicity, or national origin can be vacated.

What a vacated conviction can change

This is about your whole life — not just a court file

Immigration

  • Removes the conviction that made you deportable or inadmissible
  • Can support a motion to reopen a removal case — even after a deportation order
  • Reopens paths to a green card, visa renewal, or naturalization

Work & licensing

  • A vacated conviction is legally invalid — not merely dismissed
  • Helps with professional licenses, certifications, and background checks
  • Removes a barrier many employers can’t look past

Your record & family

  • The judgment is set aside as though the error never happened
  • May allow withdrawal of the plea and dismissal of old charges
  • Lets families plan a future without an old case hanging over it

How it works

From case review to court ruling

Because we practice both criminal defense and immigration law, the same firm that vacates the conviction can pursue the immigration relief that follows.

Free case review

We hear your story, pull the court file and plea transcript, and tell you honestly whether § 1473.7 — or another remedy — fits your case.

Investigation & declaration

We gather records, immigration history, and evidence of what you were (and weren’t) told when you pled.

Motion & hearing

We file in the county of conviction and argue the motion. If you’re outside the U.S., the court can excuse your personal appearance for good cause.

After the grant

With the conviction vacated, we move immediately on the immigration side — a motion to reopen, an application, or a defense to removal.

In removal proceedings — or already deported?

Timing matters. The law expects motions to be filed with reasonable diligence once immigration consequences surface — a Notice to Appear, a denial, a removal order. And yes: a § 1473.7 motion can be litigated even if you are outside the United States. If the conviction is vacated, we can seek to reopen the immigration case that relied on it.

The firm

A Los Angeles family firm, built for exactly this problem

Most 1473.7 cases live at the border of two practice areas. A criminal lawyer who doesn’t know immigration law can win the motion and still leave you deportable. An immigration lawyer who doesn’t litigate in criminal court can’t win the motion at all. Lluis Law — Ramiro J. Lluis and David A. Lluis — has practiced both, together, for more than 45 years from our office on Broadway, in English and Spanish.

The conviction is step one. What it did to your immigration life is step two. We handle both.

45+ yrspracticing criminal & immigration law in Los Angeles
Family firmfather & son attorneys — your case stays with us
Bilingualattorneys and staff who speak English and Spanish
5 countiesLA, Orange, Ventura, Riverside & San Bernardino

Common questions

Questions families ask us every week

How is vacating a conviction different from an expungement?
An expungement (Pen. Code § 1203.4) dismisses a case for state purposes but immigration law still counts it as a conviction. A conviction vacated under § 1473.7 for legal error is invalid from the start — which is why it can actually help an immigration case where an expungement cannot.
Is there a deadline to file?
There is no fixed calendar deadline, but the motion should be filed with reasonable diligence after you receive a Notice to Appear, a denial, or a removal order based on the conviction. The safest answer is: talk to a lawyer as soon as the problem appears.
I was already deported. Can I still file?
Yes. The motion is filed in the California court where you were convicted, and the court can excuse your personal appearance for good cause. If the conviction is vacated, a motion to reopen the immigration case may follow, depending on your situation.
Do I have to prove my lawyer back then did something wrong?
No. Since 2019, a § 1473.7(a)(1) motion does not require proving ineffective assistance of counsel. Your own misunderstanding of the immigration consequences — shown by your declaration and the record — can be enough if it prejudiced you.
What does it cost?
The case review is free and confidential. If we take your case, we quote a flat fee before any work begins, and we tell you honestly if we believe the motion is not viable — filing a weak motion can hurt more than waiting.
Will this work for any conviction?
No — and be careful with anyone who says otherwise. Eligibility depends on what you were told at the plea, the immigration harm, custody status, and timing. That’s exactly what the free review determines.

One conversation can tell you if this is possible.

Call, chat, or send the form. You’ll get a straight answer about whether your conviction can be vacated — and what it would mean for your immigration case.

VacatePlea by Lluis Law

205 S. Broadway, Suite 1000
Los Angeles, CA 90012
(213) 223-7337

Mon–Fri 8:30 am–6:00 pm
Sat 10:00 am–1:30 pm

Attorney Advertising. This website is a communication from Lluis Law, A Professional Corporation, Los Angeles, California. It provides general information about California law only and is not legal advice for any individual case. Prior results do not guarantee a similar outcome; every case depends on its own facts. Contacting the firm, calling, chatting, or submitting a form does not create an attorney-client relationship. Eligibility for relief under Penal Code § 1473.7 or any other statute can only be determined after review of your case.

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