Frequently Asked Questions

Straight answers to the questions we hear most about motions to vacate under Penal Code § 1473.7. Every case is different — treat this as orientation, not advice, and bring the specifics to a free case review.

Eligibility

Do I qualify if I’m still on probation?

Not yet for § 1473.7 — the statute is for people no longer in criminal custody, which includes probation and parole for that case. People still in custody look to habeas corpus or other motions. Once custody ends, § 1473.7 opens.

Does it matter that my conviction is very old?

No — 1980s and 1990s convictions are vacated regularly. What matters is diligence after the immigration consequences surfaced, not the age of the case. In fact, older cases often have weaker advisement records, which can help.

My case ended in a trial, not a plea. Can I still file?

Yes. The statute reaches convictions and sentences, and the Legislature clarified that relief is not limited to pleas. Trial cases raise different proof questions — talk to us.

Does it work for DUIs, drug cases, domestic violence, theft?

The offense type matters less than the legal defect. Drug and theft convictions are common candidates because their immigration consequences are severe and were rarely explained. Some convictions carry immigration consequences that survive even a successful strategy in other ways — part of the review is mapping what a grant would actually change for you.

Process

Do I have to go to court?

Usually you may attend, and sometimes it helps. If attending is impossible — most often because you are outside the U.S. — the court can excuse personal presence for good cause, and your attorney appears for you.

Will the district attorney fight it?

Sometimes. The DA may oppose, take no position, or stipulate. Well-documented motions get stipulations more often than people expect, and we engage the DA’s office early precisely for that reason.

How long does it take?

Most motions run four to nine months from engagement to ruling — records retrieval, drafting, the court’s calendar, and any DA opposition drive the range. Immigration follow-on filings have their own timelines. See the process.

What happens to the original charges if I win?

The judgment is vacated and the plea withdrawn, which restores the case to a pre-plea posture. In practice, old cases are frequently dismissed or resolved with an immigration-neutral disposition; rarely, the People pursue the case. We plan for every branch before filing — you’ll know the realistic outcomes in advance.

Immigration

If my motion is granted, is my immigration problem over?

The conviction-based problem is removed; the immigration case still has to be won. A vacatur can end removability charges, revive applications, and support a motion to reopen — each of which is its own filing. Because we practice immigration law too, that next filing starts immediately. See immigration benefits.

I was already deported. Is it too late?

Often no. The motion proceeds in the California court from abroad, and a grant can support reopening the immigration case that relied on the conviction. Reentry, if reopening succeeds, is a further planned step. No one can promise a return — be wary of anyone who does — but the pathway is real and established.

Will filing the motion put me on ICE’s radar?

The motion is filed in state criminal court, not with immigration authorities. Every case has its own risk posture, though — particularly for people with final orders — and we discuss it candidly before filing anything.

Cost and choosing counsel

What does it cost?

The review is free and confidential. If we take the case we quote a flat fee before starting, and we tell you plainly when we think a motion should not be filed.

Why does criminal-plus-immigration experience matter?

Because the motion is argued in criminal court but scored under immigration law. The declaration, the prejudice showing, and the wording of the proposed order all have to satisfy a future immigration reader. One firm handling both sides removes the most common failure point: the handoff. Lluis Law has done both in Los Angeles for over 45 years.