The Orange County Public Defender may be able to assist with post-conviction relief needed for immigration purposes.

Vacaturs for Cause, which include motions pursuant to Penal Code sections:

• 1473.7(a)(1), where there is evidence that the defendant was unaware of the immigration consequences at the time of the conviction;
• 1016.5, where the court failed to give the mandatory statutory advisement about potential immigration consequences; and
• 1018, motions to withdraw a plea for good cause, filed prior to sentencing or within 6 months of being sentenced to probation.

Diversion Dismissal, pursuant to Penal Code section 1203.43, to withdraw a guilty plea in cases where the defendant was granted Deferred Entry of Judgment (DEJ) on or after January 1, 1997, the defendant performed satisfactorily during the period of time in which DEJ was granted, and where the charge or charges were dismissed pursuant to Penal Code section 1000.3.

To begin the process of post-conviction relief for immigration purposes, contact our office at: Immigration@ocpubdef.com