Immigration Benefits of Vacating a Criminal Conviction in California

The Law Office of Daniel S Castaneda
January 19, 2026
7:00 pm
No Comments

A past criminal conviction can threaten an immigrant’s ability to stay in the U.S. or obtain legal status. California Penal Code §1473.7 allows eligible non-citizens to vacate certain old convictions that carry immigration consequences. This blog explains who qualifies, how the process works, and how vacating a conviction can protect your immigration future.

Introduction, Immigration Status and Criminal Convictions

Immigrating to the United States or obtaining lawful status can be challenging on its own, and a past criminal conviction makes it even harder. In fact, obtaining a green card or U.S. citizenship is often extraordinarily difficult, if not impossible, with a criminal record. Many immigrants discover that even a minor conviction from years ago can lead to deportation, denial of citizenship, or other loss of immigration benefits. The good news is that California law provides a solution for some people in this situation. With the help of an experienced attorney, it may be possible to vacate (legally undo or overturn) an old conviction, essentially erasing it for legal purposes. This can remove the conviction’s immigration consequences, giving you a new chance to pursue visas, green cards, or citizenship. In this blog, we’ll explain how a criminal conviction affects immigration status and explore California Penal Code §1473.7, a law that lets non-citizens vacate certain convictions to protect their immigration status. We’ll also discuss who qualifies, how the process works, and a real case example involving a drug conviction, all in reader-friendly terms. Our goal is to show how post-conviction relief can open new pathways to immigration success, and how our firm can help you get the work done every step of the way.

How a Criminal Conviction Can Derail Your Immigration Status

A criminal conviction can have devastating effects on an immigrant’s legal status. U.S. immigration law lists many crimes that can trigger deportation (removal from the country) or make someone inadmissible (unable to receive visas or green cards). For example, convictions for drug offenses, crimes involving moral turpitude, domestic violence, or aggravated felonies can bar a person from obtaining a green card or even result in them being deported from the U.S. Even relatively minor offenses can raise red flags. This means that if you’re a non-citizen, whether a permanent resident, visa holder, DACA recipient, or undocumented individual, a guilty plea in a criminal case might come back to haunt you later when you apply for an immigration benefit. In legal terms, when someone pleads guilty in a criminal case, the plea must be “knowing, intelligent, and voluntary,” including understanding the potential negative immigration consequences of the plea. Unfortunately, many immigrants in the past were not properly warned about these consequences. They only discover the issue years later, when an old conviction makes them deportable or prevents approval of a green card, citizenship, or other immigration relief. This is a heartbreaking situation; families can be torn apart and lives uprooted because of a past mistake. Fortunately, California law has recognized this problem and created a remedy. If you pleaded guilty without fully understanding the immigration stakes, you may have a chance to fix it even after you’ve served your sentence. This is where post-conviction relief in the form of vacating the conviction can make all the difference.

California Penal Code §1473.7: Vacating Convictions for Immigration Relief

California Penal Code §1473.7 (often just called “PC 1473.7”) is a special law that took effect in 2017 to give people a second chance when a past conviction is hurting their immigration status. In simple terms, PC 1473.7 allows a person who is no longer in criminal custody to file a motion (request) to vacate a prior conviction. Vacating a conviction means the court withdraws your old guilty plea and erases the conviction, as if it never happened. This remedy was created specifically to help non-citizens who suffered adverse immigration consequences from old convictions. Under PC 1473.7, a conviction can be vacated if it is deemed “legally invalid due to prejudicial error” that damaged the person’s ability to meaningfully understand or defend against the immigration consequences of the plea. In plain English, if you didn’t understand the immigration impact of your guilty plea, perhaps because your lawyer at the time gave you wrong advice or failed to warn you, or there was some other error, then the law sees that as a serious problem. The conviction is considered legally invalid because you were not truly informed. PC 1473.7 gives you a chance to clear that conviction from your record for immigration purposes. Importantly, it doesn’t matter how old the conviction is; even if it happened many years ago, you can still bring a motion to vacate it. You also do not need to be in deportation proceedings to use this law, you can file a motion to vacate proactively, before things get to a crisis point. The only condition is that you must no longer be in custody (not in jail or prison for that case, and usually not on probation). This law recognizes that many people only realize the immigration consequences when they apply for something (like a green card or citizenship) or get a notice from immigration authorities. PC 1473.7 is essentially a lifeline for immigrants: it’s a way to erase old convictions that were entered without proper understanding, thus opening up new pathways to immigration relief.

Who Is Eligible to Vacate a Conviction under PC 1473.7?

Not every conviction can be vacated, there are specific eligibility requirements under Penal Code §1473.7 that you must meet. First, you must be no longer in criminal custody for the offense. This means you have finished any jail or prison time and are not on probation or parole for that conviction. PC 1473.7 was designed to help people who have already served their sentences and then discovered the immigration fallout later. Next, you need to show one of the valid grounds for vacating the conviction as set out in the statute. The most common ground (and the one relevant to immigration issues) is that there was a “prejudicial error” affecting your decision to plead guilty or no contest, which damaged your ability to understand or accept the immigration consequences of the conviction. In practice, this usually means you agreed to plead guilty based on incorrect advice or lack of advice about immigration consequences, or you didn’t knowingly waive your rights regarding those consequences. For instance, perhaps your defense attorney never told you that pleading guilty to a certain charge would make you deportable, or maybe you were told the conviction wouldn’t affect your green card (when in reality it does). It could also be that there was a language barrier or misunderstanding, for example, you didn’t have a proper interpreter and didn’t grasp what rights you were giving up. Any of these scenarios could qualify as a “prejudicial error” because you might have made a different decision (like fighting the case or seeking a different plea deal) if you had known the truth.

Another possible ground under PC 1473.7 is if new evidence of actual innocence has emerged. This is less common in immigration-related cases, but it means if you have new proof that you were innocent of the crime, you can seek to vacate the conviction on that basis as well. There is even a ground for convictions that were obtained on the basis of race, ethnicity, or national origin bias (California added this in 2021). However, the majority of PC 1473.7 motions by non-citizens are based on the argument that “I was not properly advised or aware of the immigration consequences when I took the plea.”

It’s also important to show that the conviction is causing or could cause an immigration problem right now. For a PC 1473.7 motion to be granted, you must establish that the conviction has “actual or potential adverse immigration consequences”, in other words, it’s either currently making you deportable or ineligible for something, or it will likely do so in the future. This is usually straightforward: for example, if you have a conviction for a controlled substance offense, you can point out that under immigration law this conviction makes you deportable and bars you from getting a visa or green card. Or if you are trying to naturalize but a prior conviction is a roadblock, that demonstrates adverse immigration consequences.

Finally, there’s a timing consideration. The law says you should file the motion with “reasonable diligence” after you become aware of the immigration consequences. Practically, this means you shouldn’t delay once you know the conviction is a problem. If you received a Notice to Appear (NTA) from immigration court or a denial of an application because of the conviction, you should pursue the motion promptly. The courts understand that some people might not realize the issue until years later, but once you do realize it, you are expected to act as soon as reasonably possible. The bottom line for eligibility: if you are a non-citizen with an old California conviction that is messing up your immigration status, and you didn’t truly understand the risk when you pled guilty, you are likely a strong candidate for relief under PC 1473.7. It doesn’t even matter if the conviction was previously “expunged” or reduced, you can still file a 1473.7 motion despite any earlier post-conviction relief efforts. This is because traditional remedies like expungement under PC 1203.4 do not erase immigration consequences, whereas a vacatur under PC 1473.7 addresses the conviction’s validity itself in the eyes of the law.

The Process: How a Conviction is Vacated under PC 1473.7

Vacating a conviction under Penal Code 1473.7 involves a legal process in the California state court where the original conviction occurred. Here is an overview of how the process works (don’t worry, our firm handles the legal heavy lifting, but it’s good to understand the steps):

Filing the Motion: First, your attorney will prepare a motion to vacate the conviction. This is a formal written request to the court, explaining the facts of your case and the legal reasons why the conviction should be vacated. It will include evidence, such as a declaration (statement under penalty of perjury) from you about what you were told (or not told) regarding immigration consequences when you took the plea, and possibly declarations from your former defense attorney or other experts. We will gather records of the conviction and any immigration records (for example, a denial letter or deportation notice citing the conviction) to show the “prejudicial error” and the immigration harm.
Notice to the Prosecutor: The motion is filed with the same court that entered the conviction, and the District Attorney’s office that prosecuted the case will receive a copy. In some cases, prosecutors may agree or stipulate to the motion if the facts are clear (for instance, if the law at the time of your plea required the judge or attorney to warn you and there’s no record that they did). Other times, the D.A. might oppose the motion, and we will have to argue it in court.
Hearing: You are entitled to a court hearing for a PC 1473.7 motion. At the hearing, a judge will consider the motion, any response from the prosecution, and the evidence presented. In many cases, you do not have to appear in person, especially if you’ve already been deported or you’re overseas or otherwise unable to attend, the court can allow your attorney to represent you without you there, for good cause. During the hearing, your attorney will argue why the conviction should be vacated, essentially that you suffered a prejudicial error in understanding the immigration consequences. We may cite case law (like the landmark Padilla v. Kentucky decision) and any supporting facts (e.g. “My client’s lawyer never explained that this plea would trigger automatic deportation, so he didn’t knowingly accept that consequence”). The judge might ask questions or ask for additional evidence if something isn’t clear.
Decision (Order): The judge will decide whether to grant or deny the motion. To grant the motion, the judge must be convinced by a preponderance of the evidence (meaning more likely than not) that one of the grounds in PC 1473.7 is met, usually that your ability to understand or defend against immigration consequences was harmed. If the judge grants the motion, congratulations, your conviction is vacated. The court records will reflect that the previous judgment (conviction) is withdrawn. It is legally as if the conviction never occurred. The judge will allow you to withdraw your old guilty plea at that point. If for some reason the judge denies the motion, all is not necessarily lost, you have the right to appeal that decision to a higher court, and our firm can advise on that if needed.
Aftermath, New Plea or Dismissal: One key point to understand is what happens after a conviction is vacated. Vacating the conviction does not automatically dismiss the criminal charges. Instead, it turns back the clock in a sense, you are back to the status of having charges pending but no conviction on that charge. At this stage, the ball is in the prosecution’s court: they must decide whether to pursue the case further. In many instances involving old cases, the District Attorney may choose to dismiss the charges, especially if the case is very old, the person has been law-abiding since, or it would be hard to retry the case now. Sometimes, as part of an agreement on the motion, the prosecutor will agree to dismiss or at least offer a new plea to a lesser offense. If the D.A. insists on pursuing it, you may have to enter a new plea or go to trial to resolve the charges. However, now we have an opportunity to negotiate a plea deal that is immigration-safe (for example, a different charge or sentence that does not carry the same immigration consequences). The vast majority of PC 1473.7 cases end with the charges being dismissed or resolved in a way that protects the immigrant from the harsh consequences that the original conviction had. Our firm is skilled at both the motion stage and any necessary follow-up to ensure that once your conviction is vacated, it stays that way or is replaced with a much safer alternative.

Throughout this process, having a knowledgeable attorney is crucial, procedural rules must be followed, persuasive arguments must be made, and coordination with immigration counsel (if you have an immigration case pending) is often important to time everything correctly. We take care to handle all these aspects, so you can focus on planning your future without the shadow of that old conviction.

Case Example: Vacating a Drug Conviction to Protect Immigration Status

Immigration Benefits of a Vacated Conviction

Vacating a conviction isn’t just about clearing your name, it’s about unlocking immigration benefits and opportunities that were previously barred. Once a conviction is vacated under PC 1473.7, it’s as if that conviction never happened for legal purposes. This can directly affect your immigration case in several positive ways:

Avoiding Deportation: If you were in removal (deportation) proceedings because of a conviction, vacating that conviction can eliminate the grounds for deportation. Immigration authorities cannot deport you for a conviction that has been legally erased due to a procedural or legal defect. In Alicia’s case above, terminating her conviction meant the government no longer had a legal reason to deport her. For many immigrants, getting a vacatur could mean the difference between staying with family in the U.S. or being forced to leave.
Becoming Eligible for Green Cards or Visas: Many immigration applications ask about criminal history, and certain convictions automatically disqualify applicants. For instance, most drug convictions (even for minor possession) make someone inadmissible, meaning they cannot get a green card or certain visas. If such a conviction is vacated, it no longer counts against you in the immigration application process. Suddenly, pathways that were closed, like family-based green cards, employment visas, or even U visas for victims of crime, might become available. It’s like removing a giant roadblock on your path to legal status.
Restoring Eligibility for Naturalization (Citizenship): To become a U.S. citizen, a permanent resident must show good moral character for a certain period (usually 5 years) and not have disqualifying convictions. Some crimes permanently bar a person from naturalizing; others create a temporary bar. If you vacate the conviction that was a barrier, you may be able to meet the good moral character requirement. In other words, citizenship, which once seemed impossible, can be back within reach.
Peace of Mind for the Future: Even if you are not currently trying to get an immigration benefit, vacating a risky conviction provides security. Laws can change and enforcement priorities can shift. A conviction that isn’t causing an issue today could become a serious problem tomorrow if policies tighten. By proactively vacating a conviction, you protect yourself against future uncertainty. You won’t have to live with the fear that an old mistake could one day result in a knock on the door from ICE. For example, someone with a decades-old minor drug conviction might not be targeted now, but if that individual ever travels abroad and tries to re-enter, that record could cause them to be deemed inadmissible at the border. Clearing the conviction pre-emptively prevents such scenarios.
No Impact on Lawful Status: If you already have a green card, a serious conviction could put that status at risk (you could be deemed removable). Once the conviction is vacated, it’s no longer a valid basis to strip away your permanent residency. Similarly, if you have DACA or Temporary Protected Status, certain convictions will ordinarily disqualify you from renewing, but if those convictions are vacated, you can continue to renew and maintain your protections.

It’s important to note that vacating a conviction under PC 1473.7 is a true legal erasure of the conviction (due to a defect in the original proceeding), which is very different from simply expunging a record. Immigration authorities generally ignore expungements or record clearances; they care about whether the original conviction was legally valid. With a 1473.7 vacatur, we are asserting that the conviction was not valid (because you were not properly informed), and thus it should not count against you. U.S. immigration law, under cases like Matter of Pickering, recognizes vacated convictions as long as they were vacated for reasons of legal invalidity, not just for immigration convenience. So, when your California court grants that motion, immigration courts and USCIS will typically honor it and treat the conviction as gone. This means you truly get the immigration benefit of the clean slate, allowing you to move forward with applications or defenses that were previously off-limits.

How Our Firm Can Help with Post-Conviction Relief

Navigating the intersection of criminal law and immigration law is complex, but that’s where The Law Office Of Daniel S. Castaneda’s expertise makes the difference. We understand that when your immigration status is on the line, every detail matters. Our team is experienced in post-conviction relief and has handled numerous motions under PC 1473.7, as well as related remedies, on behalf of non-citizen clients. Here’s how we can assist you:

Comprehensive Case Evaluation: We will start by thoroughly reviewing your criminal record and immigration history. Not every conviction requires a PC 1473.7 motion, sometimes there are other remedies, or the conviction might not actually impact status. We give you an honest assessment. If your conviction is indeed a problem, we determine the best strategy (1473.7 or perhaps another legal avenue) to address it. We’ll explain in plain language what your options are.
Gathering Evidence & Building the Argument: If we proceed with a motion to vacate, our attorneys will collect all necessary evidence to support your case. We know what judges look for in these motions, from demonstrating your lack of understanding of immigration consequences to showing how diligently you’ve pursued relief. Our firm might obtain old court transcripts, contact your former defense attorney for a statement, and work with you to write a compelling declaration about your experience. We handle the legal research to cite the latest case law and legislative intent behind PC 1473.7 (which strongly favours giving immigrants relief in these situations). Essentially, we craft a persuasive narrative that shows the court why justice requires that your conviction be vacated.
Skilled Representation in Court: Our attorneys are seasoned advocates who will represent you at the motion hearing. We know how to effectively present the case to the judge, counter any arguments from the prosecution, and highlight the human story behind the motion, that you face unjust immigration harm if the conviction stands. You will not go through this alone. If you’re detained or already deported, we appear on your behalf and keep you informed. Our goal is to obtain a favourable ruling, meaning your motion is granted and the conviction is erased.
Follow-Through with Immigration Coordination: Vacating the conviction is often just part one. Our firm either has in-house immigration attorneys or works closely with immigration lawyers (depending on the firm’s practice) to ensure that once your conviction is vacated, the result is communicated to the immigration courts or USCIS handling your case. For example, if you are in removal proceedings, we will notify the immigration judge that the underlying conviction has been eliminated and move to terminate proceedings. If you had a petition or application pending that was blocked by the conviction, we help make sure it gets reopened or reconsidered now that you are eligible. This coordination is crucial to actually realize the immigration benefit of the vacated conviction.
Experience with Related Relief: Beyond PC 1473.7, there are other legal tools (as mentioned earlier) like PC 1203.43 (which deals with old drug diversion pleas), PC 1016.5 (failure to give required immigration advisement at plea), or even habeas corpus petitions for those still in custody. Our firm is knowledgeable about all these and can determine if any additional or alternative motions should be filed. We aim to cover every angle to protect your status.

Above all, we approach your case with compassion and understanding. We know that for you, this isn’t just a legal matter, it’s your life, your family, and your future at stake. That’s why we fight hard as your advocates. As a client-focused firm, we keep you updated in clear terms, so you’re never in the dark about what’s happening. When you work with us, you have a dedicated legal team committed to securing your immigration future, we handle the legal heavy lifting and guide you through what can be a daunting process.

Conclusion, Securing Your Future Through Post-Conviction Relief

Facing immigration challenges due to a past criminal conviction can be frightening and overwhelming, especially if you never knew the risk you were taking when you entered that plea. California’s Penal Code §1473.7 offers hope. It provides a way to right past wrongs, not only the wrong of a youthful mistake or a one-time lapse in judgment, but also the wrong of not being properly informed of life-altering consequences. By vacating an old conviction, you can remove the shackles that a past criminal case has placed on your immigration status, allowing you to move forward with applications for residency or citizenship that were once blocked. As we’ve discussed, the process may be involved, but the payoff is enormous: family unity, stability, and the peace of mind of knowing you won’t be uprooted from the life you’ve built in the United States.

If you or a loved one finds yourselves in this situation, non-citizens with a California conviction weighing down your future, know that you don’t have to navigate it alone. Our firm is here to help. We have the legal expertise, experience, and dedication to pursue post-conviction relief aggressively and effectively on your behalf. From the initial evaluation to the final resolution of your immigration matter, we will stand by your side. Immigration and criminal defense law are complex fields, but this is our everyday work and passion. We take pride in helping clients get a second chance, because we believe that one mistake should not define your entire life’s trajectory.

Your immigration goals, whether it’s obtaining a green card, achieving citizenship, or simply ensuring you can stay with your family, are attainable with the right legal strategy, even if a conviction is in your past. The law has given us a tool in PC 1473.7 to make things right. If reading this blog resonates with you, we encourage you to reach out for a consultation. Let us analyze your case and, if eligible, get to work on vacating that conviction that stands in your way. Together, we can utilize the power of post-conviction relief to secure your future in the United States, unlock the immigration benefits you deserve, and give you the peace of mind to move forward. Contact our office today to start exploring your options, your future may be brighter than you think, and we are ready to help you achieve it.

The Law Office of Daniel Stefan Castaneda is always there to protect your rights. Give us a call at 619-710-6095, reach out via contact form here, or send a mail to daniel@castalegal.com