What Is a Motion to Vacate? California Guide

A motion to vacate is a formal request asking a California court to erase a criminal conviction or sentence because it is legally invalid. When a judge grants the motion, the judgment is set aside — in the eyes of the law, the conviction was defective from the beginning. For thousands of Californians, especially immigrants who pled guilty without understanding what that plea would do to their future, a motion to vacate under Penal Code § 1473.7 is the single most powerful tool for repairing the past.

Vacated is not the same as dismissed or expunged

People often use “clear my record” loosely, but California law offers several very different remedies, and the differences matter enormously — particularly for immigration.

An expungement under Penal Code § 1203.4 dismisses the case after probation, but federal immigration law still counts the conviction against you. A felony reduction under § 17(b) changes a wobbler felony to a misdemeanor but leaves the conviction standing. A vacatur is different in kind: the court finds the conviction was never legally valid. Because the defect is legal — not an act of forgiveness or rehabilitation — immigration authorities generally cannot continue to treat the vacated case as a “conviction” under federal law. That distinction, drawn in decisions such as Matter of Pickering, is the reason a vacatur can succeed where an expungement quietly fails.

For a side-by-side comparison of every California post-conviction remedy, see our guide to other forms of post-conviction relief.

The main vehicle: Penal Code § 1473.7

Since January 1, 2017, § 1473.7 has allowed a person who is no longer in criminal custody to move to vacate a conviction or sentence on three grounds:

• Prejudicial error about immigration consequences — you did not meaningfully understand that your plea (or, after later amendments, your conviction) could trigger deportation, block a green card, or bar naturalization, and that misunderstanding damaged your ability to defend yourself. § 1473.7(a)(1).
• Newly discovered evidence of actual innocence. § 1473.7(a)(2).
• Conviction or sentence obtained because of race, ethnicity, or national origin, in violation of the California Racial Justice Act (Pen. Code § 745). § 1473.7(a)(3).

The statute has grown steadily stronger. The Legislature clarified in 2018 that you do not need to prove your former lawyer was constitutionally ineffective — your own misunderstanding can be the error. The California Supreme Court then confirmed the statute’s reach in People v. Vivar (2021) and People v. Espinoza (2023), holding that a defendant’s credible account, corroborated by the circumstances — long residence, family ties, the absence of any real immigration advisement — can carry the motion.

Our dedicated page on Penal Code § 1473.7 walks through each ground, the legal standard, and the leading cases.

Who typically files

The typical § 1473.7 client took a plea years ago — often on the advice to “just sign and go home” — and only discovered the immigration consequences when a green card application was denied, a Notice to Appear arrived, or a parent was detained at the border after decades in the U.S. Others were convicted at trial, or discovered new evidence, or were charged in circumstances tainted by bias. Some have already been deported: the motion can still be filed in the California court of conviction, and the court can excuse personal presence for good cause. See who qualifies for the full eligibility picture.

What a successful motion changes

When the motion is granted, the court allows the plea to be withdrawn and the judgment is vacated. From there, several doors open. On the immigration side, the conviction that made you deportable or inadmissible is gone, which can support a motion to reopen removal proceedings — even, in some circumstances, after deportation — and can revive eligibility for a green card, a visa, or citizenship. On the civil side, a legally invalid conviction helps with employment background checks, professional licensing, and simple peace of mind. We cover both in detail in immigration benefits and employment & licensing.

Why the lawyer you choose matters

A § 1473.7 motion is criminal litigation with immigration stakes. It is filed and argued in criminal court, against a prosecutor, before a judge — but its entire purpose is measured in immigration law. Lluis Law has practiced both criminal defense and immigration law in Los Angeles for more than 45 years, which means the same firm that vacates the conviction can immediately pursue the motion to reopen or the application that follows. Learn how the process works, or start with a free, confidential case review.