How a Motion to Vacate Can Protect Your Immigration Status

If you’re a noncitizen living in California with a criminal conviction in your past, you may face serious immigration consequences — including deportation. This is especially true now with the Trump administration taking a hardline stance on immigration and aggressively targeting individuals with prior convictions, even for minor offenses.

But there’s good news: California law provides a legal tool called a motion to vacate, which can help eliminate or reverse the impact of a prior conviction. For many, it’s a second chance — and potentially the only way to stay in the United States.

What Is a Motion to Vacate?

A motion to vacate a conviction is a legal request asking the court to withdraw a guilty plea or set aside a conviction. Under California Penal Code §1473.7, noncitizens can ask the court to vacate a conviction if they did not fully understand the immigration consequences of their plea — such as possible deportation or denial of legal status.

This law doesn’t require you to be in custody and can be used even years after the conviction, making it especially powerful for immigrants trying to fix past mistakes that now threaten their future.

Why It Matters Now More Than Ever

The Trump administration’s immigration policies focus heavily on enforcement. Immigration and Customs Enforcement (ICE) prioritizes deporting individuals with criminal convictions, regardless of how long they had lived in the U.S. or how minor the offense was.

As a result, many noncitizens suddenly find themselves facing removal proceedings and deportation because of convictions they had pleaded to years ago — often without realizing those convictions could cost them their green card, visa, or asylum eligibility.

During this time, motions to vacate are becoming a lifeline for many people seeking to avoid deportation and preserve their family, career, and future in the U.S.

If you or a loved one is facing immigration consequences because of a past conviction, you still have options. Courts continue to grant motions to vacate where there is evidence that a person wasn’t properly informed of the immigration consequences of a plea. Successfully vacating a conviction can mean the difference between staying in the U.S. or being forced to leave.

Talk to a California Immigration and Criminal Defense Attorney

The intersection of immigration and criminal law is complex, and the stakes are incredibly high. If you have a past conviction and are concerned about your immigration status, don’t wait. A motion to vacate could give you a second chance — but the process requires skill, evidence, and strategy.

Contact our office today locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here to schedule a confidential consultation and find out if a motion to vacate is right for you.