Before you take a plea deal: your lawyer must explain immigration effects

This is general information, not legal advice. Your defense lawyer and an immigration attorney are the people who can tell you what a plea means for you.

Does my defense lawyer have to tell me if a plea could get me deported?

Yes. This is your right.

• U.S. Supreme Court. In Padilla v. Kentucky (March 31, 2010), the Court said a defense lawyer must tell a non citizen client whether a plea carries a risk of deportation. When the law is clear, the lawyer must give the correct answer, not a vague warning.
• California goes further. Penal Code 1016.3, in effect since January 1, 2016, says your defense lawyer must give you accurate and affirmative advice about the immigration effects of a proposed plea or outcome. If it fits your goals and you agree, your lawyer can also defend against those effects, for example by working toward a different charge or sentence.
• The prosecutor has a duty too. California prosecutors must consider avoiding harsh immigration effects as one factor when they negotiate a plea.

This applies to every defense lawyer: public defenders, appointed lawyers and lawyers you pay.

Do I have to tell the judge my immigration status?

No. California law says no defendant has to tell the court their immigration status when entering a plea. Tell your lawyer instead, privately. Your lawyer can't protect you from what they don't know.

What will the judge say before I plead?

Before accepting a guilty or no contest plea to a crime, the judge must read you a warning, out loud and on the record. In plain words, it says: if you are not a U.S. citizen, a conviction for this offense may get you deported, kept out of the U.S., or denied citizenship.

• Starting January 1, 2026, the judge must read the exact words the law gives.
• If you ask, the judge must give you more time to think about the plea after the warning.
• If the court record does not show the judge gave the warning, the law assumes you did not get it.

The judge's warning is general. It does not replace your lawyer's advice about your case.

What should I ask my lawyer before I plead?

Ask until you understand. Some details that can change the immigration result:

• The exact code section you plead to, not just the name of the crime.
• The sentence. For theft and violence offenses, one year or more, even suspended, can make it an "aggravated felony." 364 days stays under that line.
• What papers say about the facts. Ask what goes into the plea form and the court record.
• Your goals. Tell your lawyer what matters most: staying in the U.S., a green card or citizenship later, DACA, or getting out of jail fast. These can pull in different directions.

You can also ask your lawyer to talk with an immigration attorney before you decide.

Could an arrest or charge matter even before I plead?

Yes, for some people. Under the Laken Riley Act, people who entered without inspection or lack valid entry papers can be held by ICE with no bond if they are charged with, arrested for, convicted of, or admit burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or a crime that causes death or serious bodily injury (8 U.S.C. 1226(c)(1)(E)). A conviction is not needed. Tell your lawyer about your status early so they can plan around this. See How a criminal record can affect your immigration status.

Is diversion safer than a plea?

Often, but ask first. Since January 1, 2018, California drug diversion under Penal Code 1000 requires a not guilty plea, and taking part is not a conviction or an admission of guilt for any purpose (Penal Code 1000.1). USCIS says pretrial diversion with no admission or finding of guilt may not count as a conviction. Other programs have their own rules, and some require a plea. Before you agree to any program, ask your lawyer: "Do I have to plead or admit anything?" See Is a diversion program safe if I am not a citizen?

What if my lawyer says they don't know immigration law?

That happens, and it is not the end. California law still requires your lawyer to give you accurate advice, so they need to find it. Ask them to talk with an immigration attorney before you decide. Ask whether their office has an immigration expert they can consult. You can also ask the judge for more time to think after the warning. Don't plead just to get it over with.

What does this look like in real life?

Example (fictional). Jorge has a green card. He is charged with a theft. The first offer is a plea to the theft with a one year suspended jail sentence and probation.

1. He tells his public defender he is not a citizen and that keeping his green card matters most.
2. His lawyer explains that a theft with a one year sentence, even suspended, can be an aggravated felony.
3. The lawyer talks with an immigration expert and goes back to the prosecutor, who must consider immigration effects in plea talks.
4. They work toward a sentence of 364 days or less, or a different charge.
5. Before the plea, the judge reads the immigration warning. Jorge asks for more time and gets it. He pleads only once he understands the result.

Your case may end differently. What to copy: say what matters most, get the immigration answer before you plead, and use the extra time if you need it.

What if no one warned me before I pleaded?

You may still have options, even years later. Two California laws can help:

• Penal Code 1016.5. If the judge did not give the immigration warning, and the conviction may lead to deportation, exclusion or denial of citizenship, you can ask the court to undo the plea. For pleas taken before January 1, 2026, a warning that was not read word for word no longer forces the court to undo the plea by itself, but the court can still choose to.
• Penal Code 1473.7. If you are no longer in criminal custody, you can ask the court to vacate a conviction because of an error that kept you from understanding, fighting or knowingly accepting the immigration effects. You must show the conviction is causing, or could cause, immigration harm. Act quickly once you get immigration papers like a Notice to Appear.

A conviction thrown out for a legal error like this is not a conviction for immigration. That is very different from an expungement. See How to ask a court to cancel an old conviction under Penal Code 1473.7 and Does clearing my record help my immigration case?

Is there a list of questions I can print?

Yes. Take it to your next meeting with your lawyer.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Your defense lawyer or public defender is your first call. For Santa Clara County cases, the Public Defender's main line is (408) 299-7700. San Mateo County has no public defender office; for San Mateo County cases, the court appoints the Private Defender Program, (650) 298-4000.
• Community Legal Services in East Palo Alto (CLSEPA), for San Mateo and Santa Clara county residents: 650-326-6440, for immigration help for people with low income in San Mateo and Santa Clara counties.
• Anywhere in California: the California Department of Social Services provider map, or call (916) 651-8017.
• More help: Free or low cost immigration legal help in the Bay Area and Words to know when a criminal case touches immigration

You have the right to understand before you decide. Ask every question. Your future is worth the extra day.