California penal code § 1473.7 is extended to trial convictions

Yesterday, Governor Newsom signed into law AB 1259 which extends California penal code § 1473.7 to trial convictions. The bill will be effective as of January 1, 2022.

Prior to the signing of AB 1259, § 1473.7 allowed a person who was no longer in criminal custody to file a motion to vacate their conviction or sentence because they did not meaningfully understand the immigration consequences of a guilty plea or plea of nolo contendere. AB 1259 changes § 1473.7 so that anyone who has any conviction or sentence, whether through a plea or through trial, can file a motion to vacate under § 1473.7. This means that individuals who proceeded to trial, rather than agreeing to a plea, may now be eligible to vacate a prior conviction if they can show that they did not have the ability to meaningfully understand, defend against or knowing accept the actual or potential adverse immigration consequences of the conviction or sentence.

For more information on CA penal code § 1473.7 please see this flyer made by the Immigrant Legal Resource Center (ILRC), Al Otro Lado and the UCLA Criminal Defense Clinic: § 1473.7 MOTIONS TO VACATE A CONVICTION OR SENTENCE IN CALIFORNIA.

Read full bill article here.