Convictions can significantly impact your life, affecting various aspects like employment, housing, education, and familial and social relationships. When a conviction results from errors or injustices within the criminal justice system, it compounds the challenges that result from the conviction.

Realizing that mistakes can happen, the legal system has processes like vacating or setting aside convictions to address situations where convictions were unfair or invalid. This allows you to seek relief and fix the consequences of errors, whether due to legal mistakes, the discovery of new evidence, or other procedural issues.

If you are dealing with challenges from a conviction, you should consult a Bakersfield criminal defense attorney specializing in criminal law or post-conviction relief. At the California Criminal Lawyer Group, we will guide your options and potential remedies based on the specifics of your situation.

Having a Conviction Vacated or Set Side

Getting a conviction vacated is a legal process that nullifies or annuls a previous criminal conviction, essentially rendering it void or set aside in the eyes of the law.

The prosecution can either dismiss your case or return it to the arraignment stage to allow the original charges to proceed. If the prosecutor decides to press on with the alleged charges, be ready for the potential scenario of a retrial. During a retrial, the court thoroughly reviews the case to verify the accuracy of the allegations. This involves presenting evidence, legal arguments, and defenses, offering a chance to rechallenge the charges. A successful outcome of a retrial requires adequate preparation.

However, expressing regret or dissatisfaction with your plea choice or the decision to hire an unqualified attorney is insufficient grounds for the court to grant a petition to vacate a sentence. Vacating a sentence requires more substantial reasons, like demonstrating legal errors, constitutional violations, or discovering new evidence that could impact the conviction's validity.

Grounds for Filing a Motion to Vacate a Conviction or Sentence

When filing a motion to vacate a conviction, it is crucial to present reasonable grounds or legal justifications for such a request. Two pertinent sections in California are often invoked: Penal Code (PC) 1018 and 1473.7.

Vacating a Conviction Under Penal Code 1018

Penal Code 1018 offers you a legal avenue to retract a guilty plea before the court finalizes judgment. You must personally enter or withdraw a plea in open court unless specified otherwise by law.

In cases involving severe penalties like death or life imprisonment without parole, appearing with counsel is necessary for a guilty plea, and the consent of your counsel is required. For other felony cases, you can only make a guilty plea without legal representation if you fully understand and explicitly waive the right to counsel in open court.

You retain the right to request withdrawal of a guilty plea before judgment or within six months after probation is granted with suspended judgment. The court could grant withdrawal for good cause, especially if you appeared without legal representation during the plea.

Notably, withdrawing a plea post-conviction is uncommon and usually demands a substantial demonstration of good cause or legal grounds. If the court grants your motion to withdraw a plea under PC 1018, potential outcomes include:

  1. Prosecutor's decision — The prosecutor could opt to drop the case entirely. This decision depends on factors like the strength of the evidence, the circumstances surrounding the plea withdrawal, and the overall merits of the case.
  2. Arraignment stage — If the prosecutor chooses to move forward, the case could revert to the arraignment step. This entails restarting the entire legal process and potentially revisiting the original charges.

Note: Whether the case is dropped or moves to a fresh arraignment is entirely up to the prosecutor. This decision heavily relies on the specific details of your case. The court's approval of the motion to withdraw the plea plays a pivotal role in shaping this process.

When the case reverts to the arraignment stage, your attorney will rely on the following grounds to vacate or set aside your conviction under PC 1018:

  • Ineffective Assistance of Counsel

If you think your attorney did not meet the expected standards during your legal proceedings and it negatively affected your case, you have grounds to claim "ineffective assistance of counsel." To support this, demonstrate that your attorney's actions did not meet the anticipated level of competence for criminal defense lawyers:

  1. Ethical duties — Provide evidence of situations where your attorney did not comply with ethical responsibilities, emphasizing breaches affecting professional conduct.
  2. Court rules — Identify instances where your attorney failed to stick to established court rules, potentially compromising procedural fairness.
  3. Legal strategies — Illustrate situations where the approach adopted was ineffective or inappropriate, not aligning with legal norms.
  4. Available evidence — Demonstrate how your attorney handled evidence. Highlight the shortcomings in constructing a compelling case.
  5. Your behavior and education level — Point out communication gaps or failures in ensuring your understanding of legal proceedings, suggesting a competence issue.

  • Your Attorney’s Prejudice

You need to prove that your attorney's shortcomings significantly affected your defense. In essence, there should be a reasonable chance that, without these errors, the outcome of the proceedings would have been different.

If you were forced, deceived, or subjected to undue pressure when entering your plea, filing a PC 1018 petition could be a legal recourse. This becomes viable if you prove that your plea choice resulted from coercion, fraud, or external forces compromising your free will and judgment. Establishing "good cause" by demonstrating coercion, threats, or inducement into pleading guilty could strengthen your request to overturn your conviction.

The court could view your PC 1018 petition favorably in scenarios such as:

  1. A co-defendant threatened harm to your family unless you admitted to the offense.
  2. The arresting officer used threats to force a guilty plea at the arraignment.
  3. The judge exerting improper pressure on you to accept a plea deal.

A plea obtained through threats, coercion, or inducement is considered involuntary, providing a valid basis for vacating the conviction.

Another aspect involves not having legal representation during your plea. Your defense attorney can argue that your "no contest" or "guilty" plea was not made intelligently, willingly, and freely without proper representation. However, the absence of an attorney alone does not guarantee the court will set aside your conviction.

For instance, if you choose self-representation after being informed of your right to an attorney, automatic vacating of the conviction will not occur. Yet, the court could grant your PC 1018 petition if it finds that the judge failed to confirm your understanding of your right to legal representation.

Moreover, if you did not fully understand the consequences of your plea, PC 1018 allows withdrawal based on a lack of understanding. This could apply if you were unaware of potential issues like immigration consequences, professional license suspension, or jail time.

Vacating a Conviction Under Penal Code 1473.7

PC 1473.7 offers a chance for individuals no longer in criminal custody to file a motion aiming to vacate a conviction or sentence under specific circumstances:

  • Prejudicial Error Related to Immigration Consequences

Prejudicial errors causing legal invalidity in a conviction or sentence can arise when individuals face challenges comprehending, defending against, or knowingly accepting immigration consequences. This includes instances where the ineffective assistance of counsel compounds the difficulty in understanding and addressing these consequences.

If, during the arraignment, you were unaware of or did not understand the potential consequences of your plea, PC 1473.7 provides a legal pathway for the court to consider vacating your conviction. Other circumstances that could sway the court to vacate your conviction due to prejudicial error involve negligence in your attorney's duties. This refers to situations where your attorney fails to investigate your case and inform you about potential immigration-related consequences, serving as grounds for relief. Additionally, insufficient defense against immigration consequences, like your attorney not seeking a more favorable plea bargain, may also form the basis for seeking relief.

  • Discovery of New Evidence

Identifying new evidence can be a strong legal foundation for seeking redress in a criminal case. If you or your legal representation uncovers evidence not previously known or available during the initial proceedings and of sufficient substance to potentially change the outcome, you will be entitled to file a motion to vacate the conviction or sentence.

This evidence could include:

  1. New forensic results — For instance, results from DNA testing not accessible or considered in the original trial.
  2. Admission of offense by another person — If someone else admits responsibility for the alleged violation after your trial's conclusion.

It is crucial to underscore that the new evidence must meet specific criteria to be considered valid grounds for relief. The evidence should be material, indicating its potential to affect the case's outcome significantly. It should not have been known or available during the original trial or plea.

The procedural aspect of filing a motion based on discovering new evidence involves presenting it to the court and demonstrating how it satisfies the necessary criteria for reconsideration. If the court acknowledges the new evidence as substantial and relevant, it could trigger a reevaluation of the conviction or sentence.

  • Bias Based on Race, Ethnicity, or National Origin

If you can prove that your conviction or sentence was obtained, sought, or imposed based on race, ethnicity, or nationality, it is a legal foundation to file a motion to vacate under PC 1473.7. This violation of your constitutional rights forms a compelling argument for the court to consider setting aside your conviction.

Examples of situations supporting this assertion include:

  1. Discrimination in jury selection — If there is evidence indicating discriminatory practices in the selection of jurors by the prosecution or court based on race, ethnicity, or nationality.
  2. Racial profiling in arrest — Demonstrating that your arrest was solely due to your race, ethnicity, or nationality rather than evidence of criminal activity.
  3. Biased prosecutorial conduct — Instances where the prosecutor, during the trial, displayed bias or engaged in discriminatory behavior linked to your race, ethnicity, or nationality.
  4. Improper use of stereotypes — If the court permitted the introduction of evidence or arguments relying on stereotypes related to your race, ethnicity, or national origin.

Collecting clear evidence to support the bias claim and illustrating how this bias significantly influenced the pursuit, obtaining, or imposition of your conviction or sentence is crucial. The court will assess the validity of this claim to determine if it forms a solid basis for vacating your conviction under PC 1473.7.

If you are no longer in criminal custody, filing a motion is considered timely. However, it could be considered untimely if you do not submit it promptly after receiving notices about immigration consequences or a final removal order. Filing motions promptly after discovering evidence supporting relief is crucial.

Every motion is inherently entitled to its moment in court. Yet, there are situations where the court, under specific conditions, might proceed with a hearing without the direct presence of the moving part, you, the party pursuing the motion. It is imperative to note that the court is duty-bound to approve the motion. However, this only happens if, backed by a preponderance of evidence, the moving party substantiates any relief grounds addressed above.

Can I Appeal If the Court Denies the Petition to Vacate a Conviction?

If your attempt to vacate a conviction under Penal Code 1473.7 faces denial, you retain the right to appeal. Orders, whether they are approvals or rejections of the motion, are typically subject to appeal, especially if they bear significance on substantial rights. Should you have legal reasons to contest the denial of your motion, initiating an appeal provides an avenue for a comprehensive review of the decision.

Other Grounds for Obtaining Post-Conviction Relief

There are several other avenues to pursue post-conviction relief. Notably, the following are some of them. However, they are not exhaustive:

  • Post-Conviction Relief Under Penal Code §1203.43

Under PC Penal Code 1203.43, if you were granted deferred entry of judgment on or after January 1, 1997, and have completed the program within the designated period, you can ask to retract your guilty or nolo contendere plea and instead enter a plea of not guilty. The court must dismiss the complaint or information filed against you.

If the records reflecting the resolution of your case are no longer accessible, you can submit a sworn declaration. You do so under penalty of perjury, stating that the charges were dismissed upon fulfilling the deferred entry of judgment requirements. This declaration is accepted as true when accompanied by a copy of your state summary criminal history information from the Department of Justice. This documentation should demonstrate either your successful completion of the program or an incomplete record lacking a final disposition.

  • Dismissal of a Case in the Interest of Justice

Penal Code 1385 grants the court discretionary authority to dismiss actions in the interest of justice, mainly focusing on the potential dismissal of enhancements.

The court has the power, under PC 1385, to dismiss enhancements in cases where they align with the pursuit of justice. Mitigating circumstances are a crucial consideration. They include the following:

  • Discriminatory racial impact.
  • The presence of multiple enhancements.
  • The likelihood of an extended sentence.
  • Connections to mental illness.
  • Childhood trauma, or
  • Involvement in a non-violent felony.

The court could also weigh factors like the defendant's juvenile status, the age of prior convictions, and the use of an inoperable or unloaded firearm.

PC 1385 further provides the authority to strike or dismiss enhancements based on prior convictions over five years old. The court can consider evidence related to mental illness or childhood trauma, evaluating how these factors significantly contributed to the defendant's involvement in the offense.

While PC 1385 does not explicitly address post-conviction relief, it establishes a framework for the court to dismiss actions, potentially influencing the defendant's legal standing following a conviction. The court's discretion and consideration of mitigating factors play a pivotal role in shaping outcomes under this provision.

  • Filing an Expungement Petition

Clearing your record through expungement under PC 1203.4 provides a chance to lighten the burden of a conviction. Eligibility hinges on completing probation, fulfilling court requirements, and facing no ongoing charges.

The expungement process involves petitioning the relevant court, explicitly seeking conviction dismissal. The court scrutinizes your criminal record, probation fulfillment, and any objections raised. If approved, the conviction gets set aside, and a not-guilty plea replaces it.

Remember that the original conviction might still be accessible to some agencies, and certain rights, like firearm possession, might not be fully restored.

While it will not erase the record, expungement positively impacts employment prospects. Employers often view applicants with expunged convictions more favorably.

How an Attorney Can Help You

An attorney’s help is necessary. Here are a few essential benefits attorneys provide:

  • Evaluating Your Case in Preparation for the Petition

Attorneys are pivotal in investigating your case afresh and preparing your PC 1473.7 petition. Attorneys thoroughly examine your case, leaving no stone unturned, and conduct a fresh investigation to uncover any new evidence or legal grounds. This detailed scrutiny is crucial in crafting a strong PC 1473.7 petition. Attorneys leverage their legal expertise to ensure that all pertinent aspects are considered, significantly enhancing the likelihood of a favorable outcome in your quest to vacate a conviction.

  • Communicating With Relevant Parties

Criminal defense attorneys play a crucial role in communication throughout the legal process. Your attorney will engage with the court, opposing counsel, and stakeholders. This ensures a streamlined flow of information, facilitating the smooth progression of legal proceedings.

  • Attorneys Present Your Case in Court

Your attorney assumes a critical role as your legal advisor and spokesperson in court. They serve as your advocate, representing your interests with expertise and professionalism. The presence of a knowledgeable and skilled attorney in legal proceedings can substantially influence the outcome of your petition or legal matter.

  • Attorneys Help in Jury Selection

Attorneys play a pivotal role in the intricate process of jury selection, a critical step that significantly influences the outcome of your case. Their strategic prowess in meticulously choosing jurors who are not only receptive but sympathetic to your case is indispensable. This expertise is the cornerstone for building a strong foundation to secure the most favorable judgment possible.

  • Ensuring Due Process

Criminal defense attorneys are crucial in upholding due process in your petition to vacate or set aside a conviction. Their dedication to ensuring procedural fairness is vital for navigating the intricacies of the legal system and safeguarding your rights at every step of the process.

  • Addressing Any Challenges that Arise

Experienced attorneys adeptly navigate obstacles in the legal process in the face of challenges. They proactively provide practical solutions, whether contending with prosecution opposition or intricate legal complexities. This can involve presenting compelling legal arguments, engaging in negotiations, and strategically advocating for their clients.

Find a Post-Conviction Expert Near Me

Securing post-conviction relief, like vacating or setting aside a conviction, is a pivotal avenue for those seeking to rectify legal errors, address injustices, or present new evidence impacting their case. This process opens the door to correcting mistakes, rectifying injustices, and, in specific scenarios, clearing your name.

Navigating the process of vacating or setting aside a conviction requires going into a complex legal landscape where myriad factors, grounds, and legal considerations come into play. For individuals lacking legal expertise, the intricacies of the legal system can be overwhelming. Attorneys play a pivotal role, offering indispensable guidance. He/she will elucidate the process's nuances, advise on potential challenges, and present solutions to overcome them. In this intricate journey, engaging an attorney proves crucial. Attorneys profoundly understand the legal framework, ensuring meticulous adherence to all relevant laws and procedures. They bring the expertise needed to assess the specifics of your case comprehensively. They will pinpoint the most viable legal grounds for seeking relief.

This is our commitment at the California Criminal Lawyer Group. Our Bakersfield attorneys are ready to assist. A simple call at 661-750-8230 is all it takes for us to aid you with any issues related to vacating or setting aside convictions.