When Vacatur Isn’t Enough: The Limits of Dismissal After Section 1473.7 Relief — Lessons from People v. Vaca
Introduction
In California criminal defense practice, motions under Penal Code § 1473.7 have become an important tool for noncitizen defendants seeking to undo a plea entered without meaningful understanding of immigration consequences. But a common misconception is that winning a § 1473.7 motion automatically forces the court to dismiss the underlying complaint or information. The 2023 appellate decision in People v. Vaca (89 Cal. App. 5th 1113) rejects that notion.
As a criminal defense attorney based in Los Angeles, I emphasize aggressive post-conviction relief strategies — yet I also caution clients about statutory and judicial limits. Below’s a deeper dive into Vaca and why this decision matters to anyone pursuing § 1473.7 relief in California. The decision teaches us that once PC 1473.7 motion is granted and the plea is vacated, the defendant simply put in the positon he was before the plea, and the government still can try to prosecute your criminal case.
Factual & Procedural Background
- In People v. Vaca (2023), after completing probation, Jorge Vaca filed a motion under § 1473.7 to vacate his conviction and withdraw his plea, on the ground that his plea had been entered without a full, meaningful understanding of its immigration consequences.
- After an evidentiary hearing, the trial court agreed the movant satisfied the standards of § 1473.7: it granted the motion and allowed withdrawal of the plea.
- But Vaca also requested that the court dismiss the charging complaint (or information) under § 1385 (the court’s general dismissal authority) or under § 1016.2. The trial court denied those dismissal requests.
- The court then reinstated the complaint (i.e. the case wasn’t dismissed). Vaca appealed the denial of dismissal.
Issues on Appeal & the Court of Appeal’s Holding
- Appealability
- Vaca contended that the order refusing dismissal was appealable under § 1473.7(f).
- The Court of Appeal agreed the order was appealable as part of the § 1473.7 relief package; though the granting of § 1473.7 relief and the denial of dismissal were entered contemporaneously, the statute contemplates appeal from orders granting or denying the motion.
- Does § 1473.7 Require Dismissal of the Complaint?
- Vaca argued that once a court grants § 1473.7 relief (vacates the conviction, withdraws the plea), the statute must further require dismissal of the underlying charges.
- The People (and the appellate court) countered that § 1473.7 does not contain any language mandating dismissal of the complaint or information. The statute requires vacation of the conviction (if criteria met) and withdrawal of plea, but it does not speak to dismissal of pending charges.
- The Court of Appeal sided with that reading. It held that imposing an automatic dismissal requirement would constitute judicially adding language that the Legislature did not include.
- Indeed, the court emphasized that had the Legislature intended mandatory dismissal, it would have explicitly said so.
- Discretion Under §§ 1385 / 1016.2
- Vaca’s request to dismiss under § 1385 or § 1016.2 was treated as independent from § 1473.7. Because the statute does not force dismissal, the defense must rely on discretionary authority under those provisions (if applicable).
- The trial court refused, and the appellate court did not fault that refusal, holding that § 1473.7 does not override the ordinary discretion courts have under § 1385 or § 1016.2.
- Affirmance
- The Court of Appeal affirmed the trial court’s order denying dismissal. The core holding: relief under § 1473.7 does not automatically include dismissal of the complaint.
Practical Takeaways for Defense Practice in Los Angeles
- Set Realistic Expectations
Clients often presume that vacating a plea under § 1473.7 “wipes the slate clean.” Vaca teaches that while the conviction may be set aside, the underlying charges may still stand — the case returns to its pre-plea posture, unless dismissed by agreement or discretionary motion. - Craft Dismissal Motions Strategically
When advocating for dismissal under § 1385 (in the interests of justice) or § 1016.2, the motion must stand on independent grounds. In Vaca, the court rejected dismissal requests — defense counsel should be prepared to proceed to negotiation with the prosecutor regarding an alternative charge (immigration safe) or prepare to proceed to trial (last time we did so, the People eventually dismissed the complaint). - Legislative and Policy Trends
- The Vaca majority relied heavily on statutory textualism: it declined to import a dismissal requirement not in § 1473.7.
- Also notable: the prosecution retains discretion to dismiss after vacatur.
Conclusion
The decision in People v. Vaca is a pivotal reminder: winning relief under § 1473.7 — vacatur and withdrawal of plea — is powerful, but it does not guarantee dismissal of the case. As a defense attorney in Los Angeles focused on post-conviction relief, I counsel clients firmly but candidly: we may win vacatur, but unless the prosecution agrees or a court exercises dismissal discretion in our favor, we may still face the charges. In every § 1473.7 motion case, a robust dismissal strategy should be pursued in parallel.
If you or a loved one face immigration-implicated criminal convictions and are exploring § 1473.7 relief in California, I’m ready to evaluate your situation and help map out the best strategy forward
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