Facing a conviction in California? We can help you file a motion to vacate

If you have been convicted of a crime in California, you may be able to have your conviction overturned by filing a motion to vacate.

This is a request to the court to set aside your conviction on the grounds that it was obtained in error.

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The Benefits

Protection

Prevent your immigration status from being affected.

New opportunities

Pursue an acquittal at trial or negotiate a plea bargain without serious immigration consequences.

A chance to start anew

A game-changer for immigration cases, dismissing prior convictions and giving you a chance to start anew.

Grounds for filing a motion to vacate

Some common reasons to file a motion to vacate include:

Ineffective assistance of counsel.

Prosecutorial misconduct.

Newly discovered evidence.

Violation of your constitutional rights.

  • Our experienced attorneys can help you file a motion to vacate. Get a free consultation now.
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Customers reviews

From the start of the visa process Atty Lluis is very professional and efficient . He explained me the ways for the petition. I really appreciate his help in acquiring my visa.
Adam Sendler
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Highly recommend this law firm. They helped me with my immigration case. Positive outcome and achieved the seemingly impossible. They didn't just win a case; they changed my life, paving the way for a brighter future
Mila Kunis
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The team at this office successfully helped me with my immigration process. They are very knowledgeable and gave me thorough instructions to make sure the process goes as smooth as possible.
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Our services include:

  • Evaluating your case to determine whether you have a strong basis for filing a motion to vacate.
  • Assisting you in preparing and filing your motion.
  • Representing you in court if necessary.
  • Appealing your case if necessary.
Call now and schedule a free consultation with our lawyer

FAQ

If the judge denies your case, you may be able to appeal the decision within 10 days of the denial. To do so, you must file a Notice of Appeal (SC-140).

After you file your request, the court will schedule a hearing or make a decision without a formal hearing. If one is scheduled, you and the other party will be notified by mail with the date. If one is not scheduled, the court will make a decision and mail it to you.
If your criminal case is dismissed, potential consequences to your immigration status, such as loss of status or deportation, could be waived.

In the immigration context, “vacate” means that a previous decision and any associated sanctions are canceled or reversed.


This is especially important for foreign nationals in the US who have been convicted of a crime, as the negative consequences affecting their immigration status could be eliminated.

Other important information

  • The deadline for filing a motion to vacate is typically one year from the date of your conviction.
  • If your motion is granted, your conviction will be vacated and you will be entitled to a new trial.

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