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Ways to fix an old California conviction for immigration purposes

An old conviction can block a green card, citizenship or a defense in immigration court. California gives you real ways to go back to court and fix it. Not every fix counts for immigration, though. Here is which tools can help, which mostly help with jobs, and how to start.

Where this applies
California criminal courts (state law). Immigration effects follow federal law, the same in every state. Local help listed for San Mateo and Santa Clara counties.
Facts checked
Who it’s for

Noncitizens with a past California conviction that is hurting, or could hurt, an immigration case. Also for family, pastors and volunteers helping someone gather papers.

On this page

Take the next step

This page gives an overview of the court options. It is general information, not legal advice. Each option has its own page with the steps.

Why does it matter how a conviction is fixed?

Because immigration law is federal, and it has its own rules about what counts.

USCIS says a conviction that a court throws out because of a legal or constitutional defect in the case is no longer a conviction for immigration purposes. A conviction cleared for other reasons, like finishing probation or a program, still counts.

That is the key. Many California tools are made to give people a fresh start for jobs and housing. They are good tools. But for immigration, you usually need a fix that says something was legally wrong with the original case.

Which tools can erase a conviction for immigration?

These tools are based on a legal problem in the case. When they work, the conviction is gone for immigration too.

Tool Who it is for
Penal Code 1473.7 People no longer in criminal custody whose plea was legally invalid because they did not understand, or were not defended against, the immigration effects. Also new evidence of innocence, or a case shaped by race, ethnicity or national origin. Full page
Penal Code 1016.5 People the judge did not warn, before a guilty or no contest plea, that it could 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 it was not given.
Penal Code 1203.43 People who finished deferred entry of judgment (DEJ) for a drug charge, granted on or after January 1, 1997. The law says the plea was invalid because people were told it would not count against them. Full page
Penal Code 236.14 and 236.15 Survivors whose conviction for a nonviolent crime came directly from being a victim of human trafficking, intimate partner violence or sexual violence. Full page
Penal Code 1018, or habeas corpus People still on probation or in custody. The Immigrant Legal Resource Center (ILRC) lists these for people who cannot yet use 1473.7.

For DEJ cases from 1997 to 2017, ILRC advises using Penal Code 1473.7 as well, to avoid a fight with immigration officials over whether 1203.43 works.

ILRC also notes a special rule for a first, minor drug possession conviction from on or before July 14, 2011. It works only in some western states, including California, and only if probation was not violated. Ask a lawyer.

Which tools change the sentence or the level of the crime?

Sometimes the problem is not the conviction itself. It is the length of the sentence, or whether the crime was a felony. These tools can help in some cases. Be careful: immigration officials may not accept them.

  • Penal Code 18.5: California misdemeanors now have a maximum of 364 days. If you were sentenced to a full year in county jail before January 1, 2015, you can ask the court that sentenced you to change it to 364 days. One day can matter, because some immigration rules turn on a sentence of one year. See Why the length of a sentence matters.
  • Penal Code 17(b): some crimes can be either a felony or a misdemeanor. If you got probation, you can ask the court to make it a misdemeanor "for all purposes." See Reducing a felony to a misdemeanor.
  • Prop 47 (Penal Code 1170.18): if you finished your sentence for certain drug possession or property crimes that are now misdemeanors, such as theft of $950 or less, you can apply to have the felony changed to a misdemeanor. The current law has no general deadline to apply (Penal Code 1170.18, checked October 21, 2026). People with certain very serious prior convictions, or who must register as sex offenders, cannot use Prop 47.

What about expungement and Prop 64?

These are mainly fresh start tools. They are worth doing for jobs and housing.

  • Expungement (Penal Code 1203.4 and similar): USCIS says an expunged record does not remove the conviction for immigration. You must still tell USCIS about it and bring the records. ILRC notes that an expunged conviction may not block DACA.
  • Prop 64 (marijuana): you can ask to have many old marijuana convictions dismissed and sealed, or reduced. This is a change in the law, not a finding that your case was legally wrong, so immigration may still count it. See Clearing an old marijuana conviction.

Can a pardon help?

Sometimes. A full and unconditional pardon from the Governor of California or the President can remove some reasons for deportation, such as crimes involving moral turpitude and aggravated felonies (8 U.S.C. 1227(a)(2)(A)(vi)). It does not remove deportation for drug, firearm or domestic violence convictions. The inadmissibility rules, which matter for a green card or coming back from a trip, have no matching pardon rule, so ask a lawyer how a pardon would work in your case.

Applying to the Governor costs nothing, and you do not need a lawyer to apply. You can apply directly or get a Certificate of Rehabilitation first (Governor's pardon page, checked October 21, 2026). See Can a California governor pardon help an immigrant?

What does this look like in real life?

Example (fictional). Tomas is a green card holder in immigration court. In 2012 he pleaded no contest to a theft with a one year county jail sentence. No one told him it could be an aggravated felony.

  1. He gets his California record and the full court file.
  2. His immigration lawyer sees two possible fixes: Penal Code 1473.7, because no one explained the immigration effect, and Penal Code 18.5, because the one year sentence came before January 1, 2015.
  3. The lawyer explains that a 1473.7 order, based on a legal error, removes the conviction for immigration. An 18.5 change to 364 days may not be honored on its own after Matter of Thomas and Thompson.
  4. Tomas files the 1473.7 motion quickly, because he already has a Notice to Appear.
  5. If the court grants it, his lawyer gives the certified order to the immigration judge.

Your case will differ. The lesson: choose the fix that rests on a legal error when you can, and move fast once immigration court has started.

What should I do first?

  1. Get your record. Ask for your California record and, if you can, your FBI record. See How to get a copy of your criminal record.
  2. Get the court file for each conviction you want to fix. If the court cannot find it, ask for a letter saying so.
  3. Write a timeline: your arrests, pleas, sentences, when you came to the U.S., and any immigration papers you have filed or received.
  4. Talk with an immigration lawyer or a legal clinic that handles criminal and immigration cases together. Bring everything.
  5. If you are in immigration court, or have a notice to appear, tell the lawyer right away. Some timing rules start then.

You may feel ashamed of an old case. Please don't let that stop you. Many people fix old convictions every year, and the law was written to give you that chance.

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.

If you had a public defender in the old case, you can also call that office and ask whether it helps with old convictions.

Is there a checklist I can print?

Sources

Printed from https://donotlosehope.com/guides/ways-fix-old-california-conviction-immigration/. Facts checked October 21, 2026. Free information, not legal advice.

Need a place to turn?

Find an organization or try another starting point. You can return to this guide whenever you need it.