California Penal Code

§ 1473.7

PEN § 1473.7 Effective Jan 1, 2026Title 12 · Part 2 · Ch. 1

Statute text

(a)A person who is no longer in criminal custody may file a motion to vacate a conviction or sentence for any of the following reasons:

(1)The conviction or sentence is legally invalid due to prejudicial error damaging the moving party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence. A finding of legal invalidity may, but need not, include a finding of ineffective assistance of counsel.

(2)Newly discovered evidence of actual innocence exists that requires vacation of the conviction or sentence as a matter of law or in the interests of justice.

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Legislative history

Amended by Stats. 2025, Ch. 784, Sec. 4.5. (SB 734) Effective January 1, 2026.