How to ask a court to cancel an old conviction under Penal Code 1473.7

This page covers Penal Code 1473.7 only. It is general information, not legal advice. For other ways to fix a conviction, see Ways to fix an old California conviction.

Can I undo my plea because no one warned me about deportation?

Possibly, yes. Penal Code 1473.7 lets a person who is no longer in criminal custody ask a court to cancel ("vacate") a conviction or sentence. There are three ways to qualify:

1. Immigration effects. Your conviction is legally invalid because of a prejudicial error that hurt your ability to meaningfully understand, defend against, or knowingly accept the actual or potential immigration effects of the plea. The conviction must be causing, or could cause, deportation or the denial of status or citizenship.
2. New evidence that you are actually innocent.
3. Race or origin. The conviction or sentence was based on race, ethnicity or national origin, in violation of Penal Code 745.

Most immigrants use the first one. You do not have to prove your lawyer did a bad job. The law says a finding of legal invalidity may, but need not, include a finding that your lawyer was ineffective.

What do I have to show the judge?

Two things, more likely true than not:

1. You did not meaningfully understand the immigration effects when you pleaded, or you were not defended against them.
2. It mattered. In 2023, in People v. Espinoza, the California Supreme Court said you must show a reasonable probability you would have turned down the plea if you had understood.

The judge looks at the whole picture. No single fact decides it. Things that help:

• Your ties to the U.S. How long you had lived here, your family, work and community at the time of the plea.
• What mattered most to you in the deal, and how much staying in the U.S. mattered.
• Whether a safer deal was possible, such as a different charge without immigration effects, a weak case against you, or no prior record.

You do not need papers from the time of the plea. The court said no specific kind of evidence is required, and your own sworn statement can count. Many people only learn about the immigration effects years later and have no old records. That is OK.

Is there a deadline?

For a motion based on immigration effects, the law says it is on time whenever you are not in criminal custody. There is one catch. The court may find it late if you did not act with reasonable diligence after the later of:

• getting a notice to appear in immigration court, or another immigration notice, that names this conviction as a reason to deport you or deny you a benefit, or
• getting notice of a final removal order based on this conviction.

If either of these has happened to you, talk to a lawyer now.

A motion based on new evidence of innocence, or on race or origin, must be filed without undue delay after you found out, or could have found out, the basis for it.

Do I have to go to court?

Every motion is entitled to a hearing. If the prosecutor does not object, the judge can grant it without one.

If you cannot be there, for example because you are in immigration detention or outside the country, the judge can hold the hearing without you if you ask and the judge finds good cause. Your lawyer still appears.

What happens if the judge says yes?

• The judge must let you withdraw your old plea.
• The case goes back to where it was before the plea. ILRC notes you may still have to answer the charges unless they are dismissed. Plan this with your lawyer, so that any new plea is safe for immigration.
• If the judge grants the motion because of new evidence of innocence, the judge must say why.
• Either side can appeal the judge's decision.

After a grant, get certified copies of the order and the new court record. Your immigration lawyer will need them.

What if the judge never warned me in court?

That is a different law, Penal Code 1016.5. Before a guilty or no contest plea, the judge must warn you that the conviction may lead to deportation, being kept out of the U.S., or denial of citizenship. If the record does not show the warning, the law presumes you did not get it. For pleas taken before January 1, 2026, a missing word for word warning is not enough by itself to cancel the conviction, but the court can still act under other laws. A lawyer may use 1016.5 and 1473.7 together.

How do I start?

1. Get your record and the court file. See How to get a copy of your criminal record.
2. Write down what you remember about the plea: who your lawyer was, what they said about immigration, what you were told in court, and what mattered to you then.
3. Gather proof of your ties at the time: family, work, school, church, years in the U.S.
4. Meet an immigration lawyer or clinic. Ask them to check the case with both criminal and immigration law in mind.
5. Do not wait if you are in immigration court or have a notice to appear.
6. File the motion in the right court. It goes to the superior court of the county where the conviction happened, with a copy served on the prosecutor (Form CR-187). The form has boxes for each ground in 1473.7 and for Penal Code 1016.5, and it points to Form CR-105 (a financial statement) if you ask the court to appoint a lawyer. The judge decides that request. The form was last revised in 2024, before the law changed on January 1, 2026, so have a lawyer check it fits your case.

We know it can be painful to go back to an old case. You are not asking for a favor. You are asking the court to fix something that went wrong.

Who can help?

These are free or low cost public offices and nonprofits. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA): record clearance and immigration help for low income residents of San Mateo and Santa Clara counties. 650-326-6440. clsepa.org/services
• State funded immigration legal help: the California Department of Social Services provider map, or call (916) 651-8017.
• More options: Free or low cost immigration legal help in the Bay Area and How to find an immigration lawyer you can trust.

If a public defender handled your old case, you can call that office and ask whether it helps with 1473.7 motions.

Is there a checklist I can print?