Success Story: Two Drug Convictions Vacated, Diversion Granted, and Criminal Case Dismissed for Lawful Permanent Resident

Success Story: Two Drug Convictions Vacated, Diversion Granted, and Criminal Case Dismissed for Lawful Permanent Resident

For non-U.S. citizens, a criminal conviction can have consequences far more serious than probation, fines, or even jail. A plea that appears favorable in criminal court can later threaten a person’s Green Card, expose them to deportation, or prevent them from obtaining immigration benefits. That’s why it is positive to get every criminal case dismissed when possible.

That is why noncitizens facing criminal charges—and immigrants who already have convictions on their records—need an attorney who understands the intersection between criminal law and immigration law, commonly known as crimmigration law.

Our firm recently obtained a significant post-conviction victory for a lawful permanent resident whose two California drug convictions placed her immigration status in jeopardy.

If you have questions about crimmigration, adjusting your immigration status or need criminal defense, call us today at (619) 746-8879      

Key Takeaways

• Severe Immigration Risks for Non-Citizens: Standard criminal plea deals—even those that seem favorable in criminal court, such as serving short jail time or receiving probation—can trigger devastating federal immigration consequences like deportation or permanent inadmissibility for Lawful Permanent Residents (Green Card holders).
• Power of California Penal Code § 1473.7: California PC § 1473.7 allows non-citizens to vacate past convictions if they can prove a prejudicial error prevented them from meaningfully understanding, defending against, or knowingly accepting the immigration consequences of their plea.
• Complete Case Resolution via Diversion: Vacating a conviction reopens the criminal proceedings, opening the door for alternative resolutions. In this case, successful litigation allowed the client to enter a diversion program (PC § 1000) that ultimately led to the full dismissal of all criminal charges.

The Problem: Criminal Pleas With Devastating Immigration Consequences

Our client had lived in the United States as a lawful permanent resident for many years and had significant family ties to this country. In one opportunity, she pleaded guilty to two California drug offenses involving marijuana without understanding the severe immigration consequences those convictions could carry.

As explained in our motion, the two convictions involved Health and Safety Code sections 11358(c) and 11359(b). The motion argued that these offenses exposed our client to extremely serious immigration consequences, including potential deportability and permanent inadmissibility. 

The problem was particularly serious because our client maintained that she did not understand those consequences when she entered her pleas. Our motion alleged that she was unrepresented when she pleaded guilty and believed that accepting the plea and serving jail time would allow her to put the case behind her. Instead, the convictions threatened the immigration status she had maintained in the United States for years. 

Our Strategy: A Motion to Vacate Under Penal Code § 1473.7

We filed a motion under California Penal Code § 1473.7(a)(1) seeking to vacate the convictions.

Section 1473.7 can provide a powerful remedy for certain noncitizens when a conviction or sentence is legally invalid because of prejudicial error that damaged the person’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential immigration consequences of a conviction or sentence.

Our motion argued, among other things, that our client did not meaningfully understand the immigration consequences of her pleas and that, had she properly understood what was at stake, she would not have resolved the case in the same manner. 

Importantly, we did not simply argue that she should have received a better warning. We presented the circumstances demonstrating why immigration consequences mattered to this particular client: her lengthy residence in the United States, her lawful permanent resident status, her marriage and family relationships, and her strong interest in remaining in this country. The motion also addressed the availability of alternative dispositions that could have avoided or reduced the immigration consequences. 

The District Attorney Opposed the Motion

The prosecution did not agree to the requested relief.

The District Attorney opposed our § 1473.7 motion, requiring us to litigate the matter at a contested hearing before the judge.

After considering the evidence and arguments, the court granted our motion and vacated both convictions in their entirety.

That ruling changed the trajectory of the case.

The Result: Both Convictions Vacated—and the Entire Criminal Case Ultimately Dismissed

After vacating the convictions, the court permitted our client to obtain diversion under California Penal Code § 1000.

Approximately one month later, the court dismissed the criminal case completely.

The progression was significant:

Two drug convictions → contested § 1473.7 motion → both convictions vacated → Penal Code § 1000 diversion → entire criminal case dismissed.

What began as two convictions carrying potentially devastating immigration consequences ultimately ended with those convictions vacated and the underlying criminal case dismissed.

Why This Case Matters for Non-U.S. Citizens

A criminal case is different when the accused is not a U.S. citizen. A disposition that may look favorable from a purely criminal-law perspective can be disastrous under federal immigration law. Depending upon the person’s status and the particular offense, a conviction can potentially affect deportability, admissibility, naturalization, adjustment of status, visas, or the ability to return to the United States after international travel.

That is why immigration consequences should be considered before a noncitizen enters a plea—not after the criminal case is over.

But when a damaging conviction has already occurred, it may not necessarily be the end of the story. California provides several forms of post-conviction relief, and Penal Code § 1473.7 can be particularly important for noncitizens whose pleas were entered without a meaningful understanding of their immigration consequences.

Facing Criminal Charges or an Old Conviction? Speak With a Crimmigration Attorney

Our firm represents non-U.S. citizens at the intersection of criminal defense and immigration law.

If you are currently facing criminal charges, we can analyze the potential immigration consequences before you enter a plea and work toward a disposition designed to protect both your criminal and immigration interests whenever possible.

If you already have a conviction that is threatening your Green Card, immigration case, ability to naturalize, or ability to remain in the United States, we can evaluate whether California post-conviction remedies—including a Penal Code § 1473.7 motion to vacate—may be available.

This case demonstrates why having an attorney who understands both systems can matter. Here, the District Attorney opposed relief and the matter required a contested hearing. Nevertheless, we successfully obtained an order vacating both convictions, followed by diversion and ultimately complete dismissal of the criminal case.

If a California conviction is threatening your immigration status, contact our office for a free initial consultation regarding your criminal and immigration options. Call us at (619) 746-8879.

Every case is different, and past results do not guarantee a similar outcome. The availability and immigration effect of post-conviction relief depends on the particular facts, criminal record, immigration history, and applicable law.

Frequently Asked Questions (FAQs)

What is “crimmigration” law?

Crimmigration law is the intersection of criminal law and federal immigration law. Because state criminal convictions can directly impact a non-citizen’s legal status, crimmigration attorneys evaluate both the immediate criminal penalties and the long-term immigration consequences (such as deportability, inadmissibility, or denial of citizenship) before negotiating a plea or filing for post-conviction relief.

How does California Penal Code § 1473.7 differ from standard expungement?

Standard expungements (such as California PC § 1203.4) release an individual from most state penalties, but federal immigration law often still recognizes the original guilty plea as a conviction for deportation purposes. A PC § 1473.7 motion to vacate invalidates the conviction on legal grounds (lack of meaningful understanding of immigration consequences), effectively wiping the slate clean for federal immigration purposes.

Can minor drug offenses really cause deportation for a Green Card holder?

Yes. Under federal immigration law, controlled substance violations are among the most strictly enforced grounds for deportability and inadmissibility. Except for a single offense involving simple possession of 30 grams or less of marijuana, almost any state drug conviction can severely jeopardize a non-citizen’s Green Card status.

What evidence is required to prove a client didn’t understand their plea’s immigration risks?

Courts look at the circumstances surrounding the original plea. Factors include whether the defendant was unrepresented or improperly advised by counsel, whether alternative plea options were available, and objective evidence showing that immigration status was a priority for the client—such as length of U.S. residency, employment, and immediate family ties in the country.

What happens after a conviction is successfully vacated under PC § 1473.7?

Vacating a conviction resets the criminal case to the pre-plea stage. The prosecution does not automatically drop the charges; instead, defense attorneys can negotiate a new, immigration-safe plea deal, enter court-supervised pretrial diversion programs (like PC § 1000), or litigate the original charges to seek a full dismissal.