New California Immigration Law PC 1473.7 Extended to Trial Convictions

Aug 17, 2022

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New California law AB 1259 which extends PC 1473.3 to trial convictions, was effective as of January 1, 2022. This expands access to post-conviction relief. PC 1473.3 allows people who were convicted by plea bargain to request that the court vacate their conviction if they were not informed of the immigration consequences of their conviction. AB 1259 extends PC 1473.3 to additional defendants, including those convicted by jury trial. 

AB 1259 also expands the category of persons able to seek to vacate a conviction or sentence as legally invalid, regardless how that person was convicted or sentenced. This allows defendants who are no longer in custody to seek to vacate their convictions. The amendment replaces the “plea of guilty or nolo contendere” language with the more consistent “conviction or sentence” language. By doing so, the amendment allows one convicted by jury trial to bring a PC 1473.7 motion to overturn the conviction.

Explained in AB 1259 bill text, “Existing law allows a person who is no longer in criminal custody to file a motion to vacate a conviction or sentence based on a prejudicial error damaging to the moving party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere. This bill would instead authorize a person to make that motion based on a prejudicial error damaging to the moving party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence.”

If you or a loved one is currently facing immigration consequences because of a conviction, contact us at once to see how we can put our knowledge to work for you. The Mitchell Law Group is dedicated to providing our clients with top notch criminal defense in the Fresno area. 




Category: Criminal Defense

Michael Mitchell

Michael Mitchell is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.


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Michael E. Mitchell, at the Mitchell Law Group, Inc., is one of the top DUI defense attorneys in Fresno, California. He has over a decade of experience handling DUI cases throughout the Central Valley, including in Clovis, Madera, Tulare, Visalia. He is a certified field sobriety instructor and practitioner under the standards of the National Highway Traffic Safety Administration (NHTSA) and is a member of the California DUI Lawyers Association. His advice and knowledge is, routinely, sought after by other attorneys practicing in the area of DUI defense. He is an expert in the area of DUI defense in both Federal, State, and on the Appellate level. If your looking for the best DUI Lawyer in Fresno to handle your case, give us a call today to see how we can put our knowledge to work for you.