Motion to Vacate a Conviction in Los Angeles, CA
Understanding Your Post-Conviction Relief Options
A past conviction can follow you for years, affecting jobs, professional licenses, immigration status, housing, and reputation. In California, a motion to vacate asks the court to set aside a conviction because it was legally flawed or entered without a full and fair understanding of the consequences.
At the Law Offices of Colleen O'Hara, our Los Angeles post-conviction attorney helps clients evaluate eligibility, gather evidence, and present persuasive motions that give them a real chance at a clean slate.
What Is a Motion to Vacate?
A motion to vacate asks the court to undo the conviction or plea. In California, common paths include Penal Code section 1473.7 for convictions or pleas that were legally invalid due to prejudicial error affecting your ability to meaningfully understand, defend against, or knowingly accept the immigration consequences, and section 1018 to withdraw a guilty or no contest plea before judgment for good cause.
Other grounds can include newly discovered evidence, ineffective assistance of counsel, or constitutional violations that undermined the integrity of the case.
We can help you determine if filing a motion to vacate is the right option for you. Contact us online or call (213) 996-0529 today for a free consultation. Hablamos español.
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Fighting for Justice, Every Step of the WayWhether you’ve been injured due to negligence or are seeking a second chance through post-conviction relief, we are committed to protecting your rights and your future.
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Who May Qualify in Los Angeles County?
Every case is unique, but many people are good candidates when one or more of the following is true. Keep in mind that you do not need to be in custody to pursue several of these remedies.
You may qualify if:
- You entered a plea without being accurately advised of immigration consequences and would not have pled if you had understood them.
- You received wrong or incomplete advice from prior counsel about critical consequences, such as deportation risk or mandatory registration.
- New evidence has surfaced that would likely have changed the outcome at trial or during plea negotiations.
- Your rights were violated in a way that made the proceeding fundamentally unfair.
After reviewing these common scenarios, the next step is a detailed case assessment to confirm the best strategy for your situation.
