Motion to Vacate

Non Statutory Motion to Vacate on Constitutional Grounds

When the client is no longer in custody as a result of a conviction that must be vacated, the attorney may attempt to vacate a conviction by filing a non statutory motion to vacate on constitutional grounds, such as ineffective assistance of counsel at the time of plea and sentencing or violation of the state and federal rights to due process and a fair trial.

Statutory Motion to Vacate

Statutory Motion to Vacate based on a Judge’s failure to provide §1016.5 Warning of Possible adverse immigration consequences. Failure to warn a non-citizen prior to entering a plea of guilty or no contest, that the conviction may cause (a) deportation, (b) exclusion, and (c) denial of naturalization requires automatic vacating of a conviction.

If you feel that one of the conditions are present in your past conviction, please call us now and speak to one of our criminal lawyers to see if your case is eligible for relief under a motion to vacate the conviction.