Motion to Vacate Crime
Motion to vacate crime granted nunc pro tunc to conviction date and case dismissed. Defendant not advised of “exclusion of admission.” Having a conviction on record costs people far more these days than it used to. This law went into effect at the beginning of 2017. Before, individuals convicted of crimes that wanted to vacate their judgments mostly filed habeas corpus petitions. When a prior conviction shows up, it can cost you job opportunities, income, social standing, and more. If this motion is successful, you will have the opportunity to withdraw your plea and enter a not guilty plea. The problem with habeas corpus petitions is that they are only available if the defendant is in custody. Once the defendant is released from custody, they cannot file a habeas petition. This also led to immigration consequences for some as certain convictions can make a non-citizen deportable. Our Los Angeles criminal defense lawyers will review this topic in more detail below in this article. Newly discovered evidence includes DNA evidence, another person claiming guilt, or widespread illegal activity by the police or crime lab.
