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Getting Your California Criminal Record Updated
Many people need to obtain a copy of their California criminal record for employment, professional licensing, immigration matters, background checks, firearm eligibility reviews, or simply to verify what appears on their record. In the practice of a Los Angeles Criminal Defense Attorney and a Los Angeles Post-Conviction Attorney, we frequently help clients confirm that their criminal history was properly updated after post-conviction relief was granted by the court. This issue commonly arises after a conviction has been vacated, dismissed, expunged, reduced to a misdemeanor, or otherwise modified under California law, including relief granted under California Penal Code sections 1016.5 and 1473.7 for immigration-related consequences. Even after a judge signs an order granting relief, it is important to verify that all […]
Immigration-Safe Pleas and Motions to Vacate Convictions Under California Penal Code §1473.7
As a Los Angeles criminal defense attorney, one of the most critical parts of protecting a non-citizen client is ensuring that a plea is “immigration-safe.” Many immigrants in California have found themselves in removal (deportation) proceedings years after taking a plea deal they did not fully understand. Fortunately, under California Penal Code §1473.7, you may have a legal right to vacate your conviction if your prior attorney failed to properly advise or negotiate an immigration-safe plea. Legal Background: Padilla v. Kentucky and People v. Bautista The U.S. Supreme Court in Padilla v. Kentucky (2010) held that a defense attorney provides ineffective assistance of counsel when they fail to advise a non-citizen client about the immigration consequences of a guilty plea. […]
Plea Vacating Penal Code 1473.7 – Recent Changes (Kuzmichey)
Understanding California Penal Code 1473.7 and Its Impact on Immigration Consequences: Insights from a Los Angeles Criminal Defense Attorney California Penal Code 1473.7 offers a lifeline for noncitizens who face immigration consequences due to prior criminal convictions or guilty pleas. This crucial statute allows individuals to challenge their convictions if they were not properly informed about the immigration consequences of their plea. As a Criminal Defense Attorney in Los Angeles, I’ve helped many clients navigate these complex post-conviction relief proceedings to protect their immigration status. However, recent rulings, such as in People v. Kuzmichey, highlight how misunderstandings about the law can unfairly deny individuals the relief they deserve. This blog explores the issue and what it means for those seeking […]