Call or Text Now! 909.538.8320

Vacate your Criminal Conviction for Immigration Purposes - PC 1473.7

Do you have Immigration problems due to a criminal conviction?

If you want the best outcome out of this situation, it is crucial that you contact an attorney experienced in Motions to Vacate a Criminal Conviction pursuant to Penal Code 1473.7.

Burga Law Firm PC is not only a criminal defense attorney; but we are also very well versed in Immigration Law. We have represented and won hundreds of Immigrants in Immigration Court and with the United States Immigration and Citizenship Service (USCIS).

We know which criminal convictions can result in serious immigration consequences and which are immigration safe. Depending on your Immigration status, certain Penal Codes can affect you while others can't.

As a Motion to Vacate Attorney in Rancho Cucamonga we have been very successful in dismissing and vacating criminal convictions for Immigration purposes.

What is a motion to vacate PC 1473.7

The California legislature enacted Penal Code Section 1473.7 due to the serious immigration consequences many Immigrants were facing that resulted in deportations and family separation. Many of them at the time of their plea had no idea that pleading guilty would affect their Immigration status.

Penal Code 1473.7 allows people to file a motion to vacate a conviction on either 1) prejudicial error damaged the defendant's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere, or 2) newly discovered evidence of actual innocence.

Burga Law Firm PC has successfully helped Immigrant clients vacate their conviction or sentence in California.

We will fight for you to keep your Immigration status

Depending on your Immigration status, certain California convictions can seriously affect you.

DACA

DACA recipients will not be able to renew their DACA if they are convicted of a DUI, a Domestic Violence, Drugs, Guns, Burglary, Sexual abuse or a Felony. These crimes are a bar for DACA. If you plead guilty to any of these crimes, you will need to speak with us to determine if we can vacate your conviction.

No Legal Status or Undocumented

If you don't have any immigration status and you are living in the United States undocumented, under the current administration, any crime could result in being placed in removal proceedings. However, you may qualify for certain defenses to deportation such as Cancellation of Removal. One of the requirements for Cancellation is that you show Good Moral Character. There are certain crimes that can seriously affect your Good Moral Character and thereby missing on an opportunity to remain in the country.

Legal Permanent Residents

If you are a Legal Permanent Resident, most criminal convictions can put you at risk of deportation. However, there are certain crimes considered Aggravated Felonies. An aggravated felony is the worst any Immigrant can have in their record because it will disqualify you from almost every defense to deportation, with the exception of Withholding of removal and Convention Against Torture (CAT). There are about 30 crimes designated as aggravated felonies. See INA Section 101(a)(43) and they include:

  • Alien smuggling

  • Attempt to commit an aggravated felony

  • Bribery of a witness

  • Burglary (If the term of imprisonment is at least one year)

  • Child Pornography

  • Commercial Bribery

  • Conspiracy to commit an aggravated felony

  • Counterfeiting (if the term of imprisonment is at least one year)

  • Crime of violence (if the term of imprisonment is at least one year)

  • Destructive devices

  • Drug offenses

  • Failure to appear to serve a sentence

  • False documents

  • Firearms trafficking

  • Forgery (If the term of imprisonment is at least one year)

  • Illegal re-entry after deportation

  • Money laundering

  • Murder

  • National Defense - transmitting information or disclosure

  • Obstruction of justice

  • Perjury

  • Prostitution

  • Ransom demand

  • Rape

  • Receipt of stolen property (if the term of imprisonment is at least one year)

  • Revealing Identity of an undercover agent

  • RICO offenses (if the term of imprisonment is at least one year)

  • Sabotage

  • Sexual abuse of a minor

  • Slavery

  • Tax Evasion

  • Theft (If the term of imprisonment is at least one year)

  • Trafficking in vehicles with altered VIN (if the term of imprisonment is at least one year)

  • Treason   

 Would you like to find out if we can vacate your criminal conviction for immigration purposes? Give us a call or send us a message below! 

CONTACT US TODAY

Burga Law Firm is committed to answering your questions about immigration, criminal defense, and personal injury law issues in southern California.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Menu