Motion to Vacate

Motion to Vacate in Encino, CA

Post-Conviction Relief for Encino & the San Fernando Valley

A motion to vacate asks the court to set aside a criminal conviction or sentence, treating it as though it never occurred. For people in Encino, Los Angeles, and throughout the San Fernando Valley, this form of post-conviction relief can lift immigration consequences, restore employment prospects, and remove barriers tied to a past plea or judgment. Law Offices of Colleen O'Hara has been handling these cases for clients in Encino and the surrounding valley since 2001.

California’s primary vehicle for this relief is Penal Code 1473.7, which took effect in 2017 and extended eligibility to individuals who are no longer in custody. Attorney Colleen O’Hara has handled countless motions to vacate throughout her career, and the firm offers free consultations and Spanish-speaking legal services to make that first step as straightforward as possible.

If a past conviction is affecting your immigration status, your career, or your future, contact Law Offices of Colleen O'Hara today for a free consultation. Call (213) 996-0529 to speak with the firm.

California Legal Grounds for Filing a Motion to Vacate

Two main statutes govern motions to vacate in California, and which one applies to your situation determines whether you have grounds to file and what you’ll need to show at the hearing.

Penal Code 1473.7: Three Grounds for Relief

PC 1473.7 is available to anyone no longer in criminal custody (meaning no longer incarcerated, on parole, or on probation). It provides three independent bases for relief:

Prejudicial Error & Immigration Consequences
The most commonly used ground allows a person to vacate a conviction when a prejudicial error damaged their ability to understand, defend against, or knowingly accept the immigration consequences of their plea. This ground doesn’t require proving ineffective assistance of counsel, and the moving party doesn’t have to show they would have obtained a better result if the error hadn’t occurred.

Newly Discovered Evidence of Actual Innocence
A person may file if new evidence has emerged that would establish their innocence and that wasn’t available at the time of the original proceeding.

Racial, Ethnic, or National Origin Bias
Relief is also available when the conviction was sought, obtained, or imposed based on race, ethnicity, or national origin.

For the immigration consequences ground, the motion must be filed with reasonable diligence after receiving notice from immigration authorities or a final removal order. At the hearing, the person filing carries the burden of proving eligibility by a preponderance of the evidence (meaning more likely than not).

Penal Code 1018: The Traditional Plea Withdrawal Route

PC 1018 provides a separate path for withdrawing a guilty or no contest plea before judgment, or within six months after an order granting probation is made if entry of judgment is suspended. The standard requires showing good cause, such as mistake, ignorance, or factors that overcame the defendant’s free judgment. This route operates differently from PC 1473.7 and carries its own procedural requirements and timing limits.

Criminal matters in the Encino and San Fernando Valley area are generally filed at Los Angeles Superior Court. An attorney familiar with the applicable courthouse and its procedures can help ensure a motion is properly prepared and positioned for the assigned judge.

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Why Encino Clients Turn to Colleen O’Hara for Motion to Vacate Cases

Attorney Colleen O’Hara began her legal career as a Deputy District Attorney. That background matters in post-conviction work because she understands how prosecutors evaluate motions to vacate and what arguments they use to oppose them, and she builds her motions accordingly.

Trial Experience & Courtroom Depth

Her trial record is substantial. Attorney O’Hara has tried over 200 court and jury trials during her career, including more than 50 completed before licensure under a third-year practice certificate. That volume of courtroom experience shapes how she approaches a motion to vacate hearing, which is an adversarial proceeding requiring both procedural precision and courtroom confidence.

Beyond the courtroom, Attorney O’Hara has participated directly in immigration relief events hosted by California lawmakers, providing non-citizens with information about post-conviction options, including motions to vacate under PC 1473.7. That work reflects a practice grounded in the real-world immigration stakes these cases carry, not just the legal mechanics.

Client Service Standards

Client calls are returned the same day. Monthly written updates keep clients informed at every stage, and one-on-one attorney time is a consistent part of the relationship. Spanish-speaking legal services are available, and the firm’s reputation in Encino and the San Fernando Valley has been built almost entirely on word-of-mouth referrals from clients who felt genuinely supported through a difficult process.

What the Motion to Vacate Process Looks Like

Every case begins with an eligibility review. The attorney examines the record in detail, including any communications the original trial attorney had with the client about immigration consequences, to identify facts that support the grounds for a motion. This review determines which statutory basis applies and how strong the case for relief is before any filing takes place.

Once eligibility is confirmed, the attorney prepares the motion. That preparation includes compliance with all procedural requirements and accounting for recent appellate decisions that may affect strategy. California courts have developed a substantial body of case law interpreting PC 1473.7 since its enactment, and a motion that ignores that landscape starts at a disadvantage.

Under PC 1473.7, everyone who files is generally entitled to a hearing before a judge. An attorney can appear on the client’s behalf, and attendance by the client isn’t mandatory for those who are in immigration custody or have already been deported. That flexibility matters when a court appearance is difficult or impossible.

If the motion is granted, the conviction is vacated and treated as though it never occurred. The case isn’t automatically dismissed at that point; the prosecution then decides whether to drop the charges or continue pursuing them. If the original conviction rested on a plea, a granted motion also results in the withdrawal of that plea. If the motion is denied, the individual has the right to appeal.

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What a Vacated Conviction Can Mean for Your Life

The practical impact of a successfully vacated conviction can extend across several areas of a person’s life. All of the outcomes below depend on the specific facts of each case and the court’s ruling.

For non-citizens, a granted motion to vacate under PC 1473.7 can eliminate the immigration consequences tied to a conviction, potentially including deportation risk, inadmissibility determinations, and barriers to naturalization. These are outcomes that an expungement alone can’t achieve.

Beyond immigration, a vacated conviction may remove barriers to employment and professional licenses that a criminal record had previously blocked. Depending on the original sentencing terms, the court’s decision may also relieve the individual from certain fines or restitution obligations. Legally, the conviction is treated as though it never occurred, reopening doors that may have been closed for years.

Schedule a Free Consultation With Law Offices of Colleen O'Hara

If a past conviction is limiting your opportunities or threatening your immigration status, it’s worth finding out whether a motion to vacate may apply to your situation. Law Offices of Colleen O'Hara offers free initial consultations to clients in Encino and throughout the San Fernando Valley. Attorney O’Hara can review your record, explain your options honestly, and outline what a motion to vacate could realistically accomplish.

Call (213) 996-0529 or submit the online contact form to schedule your consultation. Spanish-speaking services are available.

Motion to Vacate vs. Expungement in California

These two forms of post-conviction relief are often confused, but they operate differently and achieve different results. Knowing the distinction can determine whether you’re pursuing the right remedy.

Expungement Under PC 1203.4
An expungement allows a person to withdraw a guilty plea and have the case dismissed after completing probation. It provides meaningful relief for employment purposes under California law, but it doesn’t eliminate immigration consequences tied to the original conviction. Under federal immigration law, an expunged conviction still counts as a conviction for most purposes, meaning immigration authorities can and do treat it the same as an active record.

Motion to Vacate Under PC 1473.7
A motion to vacate directly addresses immigration consequences, making it the more targeted remedy for non-citizens facing deportation or inadmissibility. It doesn’t require prior completion of probation and is available to those who are no longer in custody at all.

The eligibility requirements also differ in timing. Expungement generally follows the completion of probation. A PC 1473.7 motion to vacate, by contrast, must be filed with reasonable diligence after an immigration notice or removal order triggers the need, and missing that window can affect the motion’s viability.

Law Offices of Colleen O'Hara handles both expungements and motions to vacate for clients in Encino and across the San Fernando Valley. A free initial consultation can help clarify which form of post-conviction relief fits your circumstances.

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