Motion To Withdraw Plea – Reverse Criminal Record: How a Criminal Defense Attorney in Los Angeles Can Help Vacate a Conviction Under PC 1473.7
If you’re facing immigration consequences from a past conviction, you may be eligible to reverse that conviction under California Penal Code sections 1473.7 or 1016.5. As a trusted Criminal Defense Attorney Los Angeles and experienced Post Conviction Attorney Los Angeles, I’ve helped countless clients clean their criminal records and protect their immigration status by filing motions to vacate convictions based on legal errors and lack of understanding.
Understanding PC 1473.7 and PC 1016.5: Relief for Immigrants
In California, a conviction may be vacated under Penal Code § 1473.7 when a noncitizen defendant did not “meaningfully understand” or “knowingly accept” the immigration consequences of a plea. This law applies even if Los Angeles defendant was warned about immigration consequences under PC 1016.5. The court still considers whether the defendant understood the real-life consequences, such as permanent deportation.
Criminal defense attorneys in Los Angeles have a legal duty to investigate and explain these immigration consequences before a plea is entered. If your Los Angeles Criminal Attorney failed to do so, even years ago, a Post Conviction Attorney Los Angeles can help you file a motion to vacate the plea—regardless of whether you were advised by the judge in court.
Two Key Requirements to Win a 1473.7 Motion
To successfully vacate a conviction under Penal Code 1473.7, a Los Angeles defendant must show:
- Lack of meaningful understanding of immigration consequences, and
- Prejudice, meaning a reasonable probability that the defendant would have rejected the plea had they understood the consequences.
Prejudice can be shown through ties to the U.S., such as long-term residency, family, employment, and other circumstances. The California Supreme Court in People v. Vivar emphasized that courts must evaluate prejudice based on the totality of the circumstances.
Case Example: People v. Benitez Torres
A powerful example of this law in action is the recenty case of People v. Juan Carlos Benitez Torres. On July 23, 2025, the Fourth District Court of Appeal reversed a lower court’s denial of a motion to vacate a conviction under PC 1473.7. Orange County criminal defendant, Benitez Torres had been a lawful permanent resident of the U.S. since he was 12 years old and had five U.S. citizen children. He hired a private attorney, who charged $15,000, appeared only few times in court, and failed to properly advise him of the severe immigration consequences of his plea to transporting and possessing methamphetamine for sale.
Despite receiving a PC 1016.5 warning in court, Orange County post-convicton motin was granted under PC 1473.7 eight years later, because Benitez Torres did not meaningfully understand the immigration consequences. The appellate court cited Vivar and emphasizing that 1016.5 advisement alone does not defeat a 1473.7 claim when there is evidence of lack of actual understanding.
Legal Failures by Counsel Undermine Pleas
The court found numerous failures by defense counsel:
- Attorney Reed never visited Benitez in jail and only spoke briefly at court.
- Stand-in attorneys who appeared in court never discussed the case with Benitez.
- The final offer was identical to the public defender’s—suggesting no negotiation or strategy.
- Reed never informed Benitez that his charge was an aggravated felony under immigration law.
The court notes that simply telling a client to “talk to an immigration attorney” does not satisfy a criminal defense attorney’s duty under Padilla v. Kentucky (2010). In fact, this behavior fell below an objective standard of reasonableness, especially when the criminal defense attorney did not investigate, did not file a motion to suppress, and misunderstood the felony/misdemeanor distinction in immigration law.
As a Post Conviction Attorney Los Angeles, I regularly see cases where clients plead guilty based on bad or missing advice. You don’t need to prove ineffective assistance of counsel to win under PC 1473.7. As a person with a convtion on your record that affects your immigration statuts you just need to show that you didn’t understand the immigration consequences and would have gone to trial if you had.
Court’s Independent Review Under Vivar
The appellate court in Benitez Torres relied on the California Supreme Court’s Vivar ruling, which allows appellate courts to conduct independent reviews of prejudice, even if the trial court ruled differently. The court emphasized that a “reasonable probability” standard applies—not “more likely than not.” Ties to the U.S. matter greatly in this analysis.
In People v. Lopez (83 Cal.App.5th 698), the court clarified that prejudicial error can also result from the defendant’s own misunderstanding—not just counsel’s mistake. Lopez echoed Lee v. United States, reinforcing that the court must ask whether the defendant would have chosen trial had they known the immigration risk.
The Importance of Strategic and Experienced Legal Representation
This case demonstrates why it’s critical to work with a knowledgeable Criminal Defense Attorney Los Angeles who understands the complex intersection of immigration and criminal law. As a Post Conviction Attorney Los Angeles, I thoroughly investigate prior plea negotiations, interview clients and former counsel, and build strong declarations to support 1473.7 and 1016.5 motions.
The court in Benitez Torres noted that Attorney Reed’s file lacked any record of factual investigation, interviews, or motions challenging the evidence. These omissions helped support a finding of prejudicial error.
Conclusion: Vacating a Conviction Could Save Your Future
If you or someone you know is facing immigration consequences because of a criminal conviction, don’t wait. A motion under Penal Code 1473.7 or 1016.5 may be the key to avoiding deportation or restoring your immigration eligibility. As a dedicated Criminal Defense Attorney Los Angeles and Post Conviction Attorney Los Angeles, I can help you navigate this complex process and fight to protect your future.
Contact our office today at 323-464-6424 to schedule a consultation with Attorney Alex Andryuschenko and find out whether you qualify to vacate your conviction.
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