In California, the consequences of a criminal conviction go past incarceration and fines. Although spending time behind bars is traumatizing, you will be released after serving your sentence or through parole. All criminal convictions in the state appear on your record. Your criminal history details all your arrests, trials, and punishments.

A criminal conviction is a public record. Therefore, these convictions appear on every background check carried out on you. These convictions could be the basis of discrimination, impacting your professional and personal lives. Unfortunately, not all individuals who face a conviction are guilty of the offense. Lack of proper legal guidance, representation, or other prejudicial errors could result in a wrongful conviction.

You can avoid the collateral consequences of your criminal conviction by petitioning the court to set it aside. This allows you to enter a new plea, which may result in a new trial. Setting aside or vacating a conviction is a complicated process; having legal insight could make it easier and faster. At California Criminal Lawyer Group, we have the legal knowledge and expertise you need to navigate your case. We serve clients seeking post-conviction relief in Santa Ana, CA.

Overview of Setting Aside or Vacating a Conviction in California

Each conviction under California law has severe legal and collateral consequences. The nature of your charges will determine the severity of these consequences. Some offenses will make it difficult to obtain employment, while others will cause you to be deported if you are an immigrant.

When the crime you committed is violent or causes injury to another person, you may lose your right to purchase and use a firearm in the state. Most people are aggressive in defending against their charges to avoid conviction. However, facing a conviction is not the end of your life. California law offers some post-conviction proceedings to help negate the consequences of your conviction.

Vacating or setting aside your conviction is the nullification of the judgment made by the court in your criminal case. If you seek to have your judgment set aside, you must file a petition and give proper justification for the relief. If the court grants your petition, the judge looks into your case as if the conviction did not happen.

The prosecution could pursue the exact charges or drop the case and file a new indictment against you. In this case, you should prepare for a new trial. With your case beginning fresh, you can convince the prosecution to pursue a reduced charge. This means you will face a lighter sentence with less serious or no collateral consequences.

The court cannot vacate your conviction because you regret the plea you entered. Instead, sufficient evidence must prove a legal error occurred in your case. Hiring a skilled attorney could increase your chances of winning the petition.

The best time to file a motion to vacate or set aside a judgment is immediately after a conviction. A skilled criminal lawyer will be able to review the legal strategies and basis of the judge’s decision in your case. Filing your petition on time gives you enough time to gather the necessary documentation for the petition.

Motion to Vacate a Conviction Under PC 1018

You can enter a plea for your case at your first court hearing. Common pleas include:

  • Guilty. Pleading guilty to a criminal charge means accepting liability for the offense. The court will then take responsibility for determining the appropriate sentence.
  • No contest. A no-contest plea means that you do not wish to fight the charges. However, pleading no contest does not mean accepting liability for the crime.
  • Not guilty. If you plead not guilty to your charges, your case will go to trial. The jury will assess the evidence the prosecution and defense presented before returning with a verdict.

You must understand the consequences of your decision before entering a plea for a criminal charge in California. Additionally, you must have expert legal guidance to help you navigate the plea stage of your case.

Under CPC 1018, you can file a motion to vacate your conviction by withdrawing your plea. In this case, you can replace your guilty or no contest plea with not guilty and begin the case process. You can win your motion by providing convincing evidence to show that you should not have entered the plea without the proper knowledge and guidance.

You can request the court vacate your judgment under this statute before your conviction or within six months of probation. You can still file the petition when you realize the errors after you have been convicted and sent to jail.

The court cannot set aside your conviction because you regret the plea you entered or are unhappy with your decision to hire a legal representative. Some of the arguments that indicate good cause under PC 1018 include the following:

Failure to Understand the Consequences of the Plea You Entered

The court assumes that you understand the consequences of a no-contest or guilty plea for your life. If you enter the plea and later realize that there are unexpected consequences, you can file a motion under this statute. By proving your lack of knowledge of the consequences of the plea, the judge will allow you to replace your plea with ‘not guilty.’ Circumstances under which you may not have known the repercussions of a plea include:

  • Your conviction carries a mandatory jail or prison sentence. If you face a conviction for a crime that has a mandatory sentence, you must serve the sentence before your release.
  • The conviction could result in the revocation or suspension of a professional license. Most lawyers focus on incarceration and forget this fact when advising you on a favorable plea for your case.
  • You could face negative immigration consequences. If you are an immigrant in the United States, the outcome of your criminal case could impact your immigration status. You could file a motion to set aside your conviction if you were unaware that your plea could result in deportation or inadmissibility.

You Lacked Legal Representation During the Plea

In California, all defendants are entitled to legal representation. Immediately after your arrest, you can contact your lawyer for guidance. The state must provide one if you cannot afford private legal representation. A skilled attorney will guide you through the different facts of the case and can help ensure that you receive a favorable plea.

A judge may grant your request to vacate your conviction if you entered a plea without legal guidance. However, lacking legal representation will not help our petition. You must prove that the decision to proceed without an attorney was not willful. You can do this by arguing that you were not informed of your right to legal representation at the arrest.

An Incompetent Lawyer Represented You

Under the sixth amendment of the Constitution, you must have adequate legal guidance in every step of your criminal case. You could petition the court to vacate your conviction if your criminal conviction resulted from ineffective legal counsel.

Your legal counsel is considered ineffective if your lawyer fails to act reasonably. The following facts could help prove that your legal guidance was inadequate:

  • The lawyer’s performance was unreasonable. A competent lawyer does not have to be the best in the state. However, they should be able to understand and explain the court rules to you. Additionally, the lawyer must understand their ethical duties and adopt appropriate strategies to secure a favorable outcome in your case. You could contest their competence if your attorney did not meet these requirements.
  • The attorney prejudiced your case's outcome. After establishing that your lawyer’s performance was incompetent, you must show that their performance prejudiced the case's outcome. If the case has had a different outcome with proper evidence, your motion under PC 1018 may be granted.

You Were Coerced Into a Plea

The plea you enter in a criminal case must be voluntary. You may have legal grounds to set your conviction aside under Penal C ode1018 if you were lured, coerced, or threatened to enter a specific plea. This could happen under the following circumstances:

  • If you fail to enter a particular plea, a co-defendant threatens you or your family with violence.
  • The judge pressured you into the plea.
  • The law enforcement officers threaten to retaliate against you or your loved ones if you fail to enter the plea.

If the court grants your motion under PC 1018, you can re-enter a plea of not guilty and have a chance to fight your criminal charges. Going back to arraignment increases your chances of obtaining a favorable case outcome. However, the prosecution could take back any plea deals they offered you in the previous trial. Losing your motion means that you must fulfill the requirements of your sentence.

Vacating a Conviction Under Penal Code 1473.7

Under California Penal Code 1473.7, immigrants who have secured a release from custody can file a motion to set aside their conviction. In this case, your conviction could be invalid if you did not understand or could not defend yourself against the immigration consequences accompanying the plea. A petition under this statute may be based on the following arguments:

New Evidence for Your Case

You can petition to vacate your conviction if you discover new evidence supporting your innocence. Additional evidence, in this case, could include the following:

  • Further scientific evidence like DNA.
  • Another person’s admission of guilt.
  • Important case facts that come to light after your conviction.

Prejudicial Errors

The court can set aside your conviction under PC 1473.7(a)(1) if prejudicial errors impact your case outcome. Prejudicial errors are the court's mistakes in the criminal case process. If you entered a plea without knowing its consequences, you can convince the court to set aside the conviction. Another factor that could persuade the court to set aside your conviction for prejudicial error is if your lawyer did not take the necessary steps to protect you from the immigration impact of the plea.

Your Conviction was Based on Racial Discrimination

If you prove that your conviction and sentence resulted from racial discrimination, you may have a legitimate reason to vacate your conviction. Although there is no statute of limitations to set aside a judgment in California, you must file your petition when you receive a notice to appear in immigration court or before the completion of your deportation proceedings.

Motion to Set Aside Your Conviction Under Penal Code 1016.5

Under California law, the court must advise criminal defendants on the immigration consequences of their charges. This could include possible deportation or inadmissibility after a conviction. When the court fails to offer you this information, you could unknowingly plead no contest or guilty to the charge.

Under these circumstances, you can file a motion under PC 1016.5 to vacate your conviction. The immigration consequences of your conviction are removed if the court grants your petition under this statute.

Benefits of Having Legal Representation When Filing a Petition to Set Aside Your Conviction

Petitions to set aside a judgment are not based on new evidence but on the errors made by your legal team and the court in your case process. Proving that a court's decisions were based on incorrect information or other errors is challenging. Therefore, you must hire a different criminal defense lawyer to look into your case. Some of the benefits of retaining a lawyer before you file your petitions include:

  • Expert Investigations

A petition to set aside a judgment is a strenuous process. You must gather all the evidence showing the errors that occurred in the case. This means that your arrest, trial, and conviction must be scrutinized. It may be challenging for someone without a legal background to spot and present the mistakes to the court.

Your attorney will use their legal expertise to analyze each aspect of your case to strengthen your petition. Additionally, the lawyer will advise you on the proper petition to file and the arguments you can base the petition on.

  • Your Lawyer is Your Voice

Your attorney will advise you on protecting your constitutional rights while vacating your conviction. If your conviction is vacated, the prosecution can file the same or different charges against you. In this case, your lawyer will ensure that the mistakes made in your previous trial are not repeated. If the new case goes to trial, the lawyer can help you build a solid defense against the charges and secure a favorable outcome.

  • Your Attorney Can Discredit Jurors

A skilled lawyer can spot biased jurors and convince the court to leave them off your case. During jury selection, your attorney can spot jurors who would be helpful for your case.

Legal Options After a Denial of your Petition to Vacate a Judgment

If the court is convinced that an error occurred in your case, the judge will only accept the petition to vacate. Fortunately, setting aside your conviction is among many post-conviction reliefs that can help you avoid the collateral consequences of your conviction. Other options you can explore include:

Appeal the Court’s Decision

You have the right to appeal your conviction if you are found guilty by a jury. You or your attorney must initiate the appeal process within thirty or sixty days of your judgment. You may be eligible for an appeal if your case falls under the following circumstances:

  • The prosecutors were unethical in your case.
  • The jurors returned the wrong verdict.
  • Your defense attorney was incompetent.

In your appeal hearing, the court will not accept new evidence for the case. Instead, you must convince the judge that a judicial error occurred. When you file an appeal for your case, you can post an appellate bail and be released until the appeals court makes its final decision. If you prevail in your appeal, the court will overturn your conviction.

You could also appeal the court’s decision when your petition to vacate your conviction is denied. Your lawyer can prove that a legal error was the basis of your petition denial.

File for Expungement

Another post-conviction relief that could help you avoid the disabilities of your criminal conviction is an expungement. Under California Penal Code 1203.4, an expungement allows you to withdraw your guilty or no contest plea and replace it with a not guilty verdict. Unlike a petition to vacate your conviction, you can only expunge your conviction after serving your sentence. Other eligibility requirements for expungement include the following:

  • Completion of Probation

If you were sentenced to probation for your offense, you must complete the probation before filing a petition under Penal Code 1203.4. You complete your probation by serving the full term and following through with all the court-ordered conditions.

You can seek an early termination by filing a petition before completing your probation sentence. The court will assess your performance on probation when deciding on an early termination.

  • You are Not Facing Charges or Serving a Sentence for Another Crime

Most people will file an expungement petition immediately after completing their probation. The court will deny your petition to expunge a conviction if you face additional criminal charges. You must not be serving probation or a sentence for another crime. You will file a petition for each conviction for which you seek an expungement.

An expungement allows you to say ‘no’ to criminal convictions. Some felonies cannot be expunged. If you are convicted of the following sex crimes, you must deal with the repercussions of your conviction or explore other forms of post-conviction relief:

  • Lewd conduct with a child.
  • Sodomy with a minor.
  • Oral copulation with a child.
  • Statutory rape.

If your petition to expunge a conviction is successful, employers, landlords, and school boards cannot use the conviction to discriminate against you. However, you must understand that expunging convictions will not erase them from your record.

Certificate of Rehabilitation (COR)

If the court denies the petition to set aside or vacate your conviction, you can file for a certificate of rehabilitation. A COR is a court order granted when the judge determines that you have been rehabilitated from your criminal acts. Mostly, the certificate of rehabilitation is your first step in obtaining the governor’s pardon.

The COR informs your employers, landlord, or others who review your criminal background that you are a law-abiding citizen. However, the post-conviction relief will not erase the conviction from your record. Under California PC 4852, obtaining a COR will improve your employment chances and restore your civil rights.

You can petition for a certificate of rehabilitation after your conviction. Additionally, a specific period must have elapsed, depending on the nature of your sentence. You can only apply for the COR if you meet these requirements:

  • You have not faced a new conviction since the completion of your sentence.
  • You are not on probation or serving a sentence for another crime.
  • You have lived in California for the past five years.

Find a Competent Defense Attorney Near Me

Most people who face arrests and criminal charges are afraid of a conviction due to the time spent in jail or prison. However, a criminal conviction can do more damage to your life than incarceration.

If you seek employment, a place to live, or a professional license, a conviction can be used against you. Facing the consequences of a conviction that resulted from the court's mistake is difficult to handle. Sometimes, a lack of proper legal guidance to guide you through your verdict and plea deal could lead to a conviction.

California laws allow you to put your mistakes behind you by petitioning the court to vacate your conviction. You can do this by filing petitions under Penal Codes 1473.7, 1018, and 1016.5. Although most individuals with a felony or misdemeanor conviction can have their judgment vacated, the process is long and tedious.

You will benefit from the top-notch legal insight we offer at California Criminal Lawyer Group to navigate your motion for vacating or setting aside a conviction in Santa Ana, CA. Call us at 714-844-4151 to discuss your petition.