Criminal Defense · Motion to Vacate (PC 1473.7)

How to Clean a California Criminal Record for a Green Card or Visa (PC 1473.7)

Q: Do I have to be in immigration proceedings to file?

No. You can file while applying for an immigration benefit, and you do not have to wait until you are facing deportation. Acting early often gives you more options.

Q: Will vacating my conviction clear my record completely?

Not on its own. The conviction is set aside and the plea is withdrawn, but the case is reopened rather than automatically dismissed. The final outcome depends on how the reopened case is resolved.

Q: Can I do this myself?

You can. California provides Form CR-187 for people filing on their own. That said, these motions rise and fall on the quality of the factual record, and a denial can be hard to undo, so most people benefit from working with an attorney.

Q: What if my motion is denied?

An order granting or denying a 1473.7 motion can be appealed. An attorney can advise you on whether an appeal makes sense in your case.

Law Office of Luis N. ValdiviaPenal Code 1473.7

EffectiveJanuary 1, 2017

Enacted byAssembly Bill 813

Court formJudicial Council CR-187

Burden of proofPreponderance of the evidence

TL;DR

What it is: Penal Code 1473.7 lets you ask a California court to cancel (vacate) an old conviction, even if you already finished your sentence and are no longer in jail, on probation, or on parole.
Who it helps most: People facing immigration problems from a guilty plea they never fully understood, people with new evidence of innocence, and people convicted because of their race, ethnicity, or national origin.
Why it matters: Before this law, people who had served their time had almost no way to fix an unfair conviction. This law gives them one.
The catch: Winning the motion cancels the conviction, but it does not automatically dismiss the case. The case reopens, so the goal is to reach a new outcome that protects you.
Bottom line: If an old conviction is threatening your immigration status or your future, you may have options. Talk to an attorney about your specific situation.

If an old criminal conviction is now threatening your immigration status, your job, or your peace of mind, you may have more options than you think. California Penal Code 1473.7 gives people who have already finished their sentence a way to ask the court to undo a conviction that was unfair or that they never fully understood. This article explains what the law does, who qualifies, and how it can help.

What Penal Code 1473.7 Actually Does

Penal Code 1473.7 lets a person who is no longer in criminal custody file a motion to vacate a conviction or sentence. "Vacate" simply means to cancel or set aside. If the court grants the motion, the conviction is treated as legally invalid, and in most cases the person is allowed to withdraw the guilty or no-contest plea they originally entered.

The law took effect on January 1, 2017. It was created by Assembly Bill 813, which added this section to the Penal Code to give people a remedy they did not have before.

A quick note on the numbers, since they look similar. Penal Code 1473 is California's general habeas corpus statute, the traditional path for challenging a conviction. Penal Code 1473.7 is the newer, related provision built specifically for people who are out of custody. The difference matters, and it is the whole reason this law exists.

Why This Law Was Needed

Before 1473.7, the main way to challenge a conviction after the fact was a writ of habeas corpus. The problem was that habeas corpus generally required the person to still be "in custody," meaning in jail or prison, or on probation or parole.

That left a large group of people with no remedy at all. Someone who had already served their time, paid their fines, and moved on with their life could later discover that the old conviction was causing serious harm, often an immigration problem they were never warned about. Because they were no longer in custody, the courthouse door was closed to them.

Penal Code 1473.7 reopened that door. It created a clear right for people who are no longer restrained of their liberty to bring a motion to vacate. Many of the clients I meet had no idea this option existed until a new immigration issue brought them in. The good news is that finishing your sentence years ago does not close the door anymore.

Who Qualifies and on What Grounds

To use Penal Code 1473.7, you must no longer be in criminal custody. For this law, custody includes more than jail or prison. It also covers being on bail, probation, mandatory supervision, postrelease community supervision, or parole. Once you are past all of that, you may be eligible.

The law allows a motion to vacate for three reasons:

Prejudicial error related to immigration consequences.

The conviction or sentence is legally invalid because a damaging error kept you from truly understanding, defending against, or knowingly accepting the immigration consequences of your plea. In plain terms, you were never properly told that pleading guilty could lead to deportation, denial of citizenship, or being barred from reentering the country. This can, but does not have to, include a finding that your prior attorney did a poor job.

Newly discovered evidence of actual innocence.

New evidence has come to light that shows you did not commit the crime, and that evidence requires vacating the conviction either as a matter of law or in the interests of justice.

Bias in the conviction or sentence.

The conviction or sentence was sought, obtained, or imposed based on race, ethnicity, or national origin, in violation of California's Racial Justice Act. This third ground is a more recent addition to the law.

You do not need to already be in deportation proceedings to act. Many people file while they are applying for an immigration benefit such as a green card or citizenship, before a problem becomes a crisis.

When a client comes to me, the first thing I do is look at the facts of their case and figure out which of these three grounds actually fits. People are often not sure why their old conviction is causing trouble, and part of my job is to connect the dots between what happened in court years ago and the problem they are facing today.

How the Process Works

The motion is filed in the superior court in the county where the conviction or sentence happened. California even publishes an official form for this purpose, Judicial Council Form CR-187, "Motion to Vacate Conviction or Sentence."

Every motion under this law is entitled to a hearing before a judge. If there is a good reason you cannot appear in person, for example if you have already been deported or are in immigration detention, the court can hold the hearing without you there as long as your attorney attends.

To win, you must prove your case by a "preponderance of the evidence." That means showing the court that your version is more likely true than not. It is a lower bar than the "beyond a reasonable doubt" standard used to convict someone in the first place.

This is where the work really happens. When I take on a 1473.7 case, I gather the original court records, build the evidence that shows both the error and the harm it caused, and prepare the motion so it meets that standard. I also handle filing it in the right court and appearing at the hearing, so you are not navigating the process alone.

What Happens If the Motion Is Granted

This is the part people most often misunderstand, so it is worth being clear. If the judge grants your motion, the conviction or sentence is vacated, and you are usually allowed to withdraw your original plea. For immigration purposes, it is as if the conviction no longer exists.

What it does not do is automatically dismiss the case. Vacating the conviction reopens it. The prosecutor can choose to dismiss the charges, offer a new plea deal, or take the case toward trial. Often the real goal is to negotiate a new resolution that does not carry the same immigration penalties. Any time you already served counts toward the case if it moves forward.

This is exactly why having an attorney matters. Winning the motion is only the first step. The second step is making sure the reopened case ends in a result that actually protects you. When I win a motion for a client, I do not stop there. I work with the prosecutor to push for a dismissal or to negotiate a new resolution that does not carry the same immigration consequences, so the outcome holds up where it counts.

How Luis V Law Can Help, Serving South Pasadena and Greater Los Angeles

I am based in South Pasadena, CA, and proudly serve clients throughout the greater Los Angeles area, including Arcadia, Monrovia, Glendale, Alhambra, and surrounding communities.

A 1473.7 motion is not a simple form you fill out and mail in. It requires building a clear factual record, gathering old court documents, and showing the court exactly how the error harmed you. Vague claims do not win. Detailed, well-supported facts do.

Here is how I help clients through the process:

I review your case for eligibility. I confirm you are no longer in custody and identify which of the three grounds fit your situation.
I pull and analyze the record. I obtain the original plea transcripts, court orders, and case files to find the error and document it.
I build the evidence. I gather declarations, immigration records, and supporting documents that show both the error and the harm it is causing or could cause.
I draft and file the motion. I prepare a strong, fact-based motion, file it in the correct court, and serve the prosecuting agency as required.
I represent you at the hearing. I argue your case before the judge, and when appropriate I ask the court to proceed without requiring you to appear in person.
I plan for what comes next. If the motion is granted, I work to resolve the reopened case in a way that protects your record and your future.

If you are not sure whether your conviction qualifies, that is exactly the kind of question I answer in a consultation. The sooner you start, the more room there is to protect your status.

Frequently Asked Questions

Can I clean my California criminal record so it doesn't affect my green card or visa?

Yes, but you cannot use a regular expungement. Under federal law, USCIS completely ignores standard California expungements (PC 1203.4). To actually "clean" a record for immigration purposes, you must completely erase the conviction using a Motion to Vacate under Penal Code 1473.7. This legally wipes the slate clean by proving a legal defect or a misunderstanding of immigration consequences occurred during your original plea.

What is California Form CR-187, and how does it clean a record for immigration?

Form CR-187 is the official California court form used to file a Motion to Vacate under Penal Code 1473.7. When an immigrant files this form, they are asking a judge to rewind their criminal case to the beginning because their original defense attorney failed to properly warn them about deportation or visa denials. If the judge grants the CR-187 motion, the conviction is legally undone for immigration purposes.

Will a misdemeanor or a DUI block me from getting my immigration papers?

It can. Federal immigration law does not look at crimes the same way California courts do. Certain misdemeanors, like domestic battery, petty theft, drug possession, or multiple DUIs, can be labeled as "crimes involving moral turpitude" or "aggravated felonies" by USCIS. These labels can automatically block you from proving "Good Moral Character," resulting in visa or citizenship denials unless you get the conviction vacated.

Is it too late to clean my record if immigration has already started deportation proceedings?

No, it is not too late, but you must act immediately. California law allows you to file a PC 1473.7 motion even if you are no longer in custody, are currently in an immigration detention center, or have a pending deportation order. If a criminal court judge vacates your past conviction, your attorney can use that court order to ask the immigration judge to pause or terminate your deportation case completely.

Do I have to be in immigration proceedings to file?

Will vacating my conviction clear my record completely?

Is there a deadline?

The timing rules depend on which ground you are using. Motions based on immigration consequences are treated as on time when filed with reasonable diligence after you receive notice from immigration authorities. Motions based on new evidence or bias must be filed without undue delay once you discover the basis for relief. Because the rules are technical, it is best to ask an attorney about your specific situation.

Can I do this myself?

What if my motion is denied?

Take the Next Step

An old conviction does not have to control your future. If a past guilty plea is putting your immigration status or your record at risk, Penal Code 1473.7 may give you a path forward. I can review your case, explain your options in plain language, and handle the process from start to finish.

Contact Luis V Law today to schedule a consultation.

Schedule a free consultation → (323) 529-3493

This article is for general information only and is not legal advice. Laws change, and every case is different. Speak with a qualified California attorney about your specific situation.

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