Los Angeles PC 1016.5 Attorney – Motion to Vacate Convictions
If you are a non-citizen who pled guilty in a California criminal case and are now facing immigration consequences, you may still have a powerful legal option. Under California Penal Code 1016.5, individuals who were not properly advised of immigration consequences before entering a plea may be able to vacate that conviction.
At the Law Offices of Gary Labin, we represent clients throughout Los Angeles, including Van Nuys, Downtown Los Angeles, Hollywood, and the San Fernando Valley, who are seeking to correct past convictions and protect their immigration status.
A successful PC 1016.5 motion can mean the difference between deportation and remaining in the United States with your family.
What Is California Penal Code 1016.5?
California Penal Code 1016.5 requires that before accepting a guilty or no contest plea, the court must advise the defendant that the conviction may result in deportation, exclusion from the United States, or denial of naturalization.
If the court fails to provide this advisement and immigration consequences later arise, the defendant may file a motion to vacate the conviction.
This law is especially important in Los Angeles, where many individuals accepted plea agreements without fully understanding the long-term immigration consequences.
Why PC 1016.5 Motions Matter in Los Angeles
Los Angeles County has one of the largest immigrant populations in the country. As immigration enforcement has increased, convictions that once seemed minor can now lead to serious consequences.
Even misdemeanor offenses may result in removal proceedings, denial of immigration benefits, or barriers to citizenship under federal immigration law.
A Los Angeles PC 1016.5 attorney can evaluate whether your prior conviction is legally vulnerable and whether post-conviction relief is available.
Who Qualifies for a PC 1016.5 Motion?
You may qualify if:
You are not a United States citizen
You entered a guilty or no contest plea in a California criminal case
The court failed to properly advise you of immigration consequences
You are now facing immigration consequences as a result
This applies whether your case was handled in a Los Angeles courthouse such as Van Nuys, Metropolitan, or Airport Courthouse.
What Counts as Proper Advisement?
The court must clearly state that a conviction may result in deportation, exclusion, or denial of naturalization.
If the advisement was not given, was incomplete, or is not reflected in the court record, you may have grounds to challenge your conviction.
Many older cases in Los Angeles, particularly those from the 1990s and early 2000s, lack proper advisements.
Legal Standard for a PC 1016.5 Motion
To succeed, your attorney must show:
The court failed to provide proper immigration advisement
You would not have entered the plea if you had been properly advised
You are now facing immigration consequences
Each element requires supporting documentation and a strong legal argument.
What Happens If You Win a PC 1016.5 Motion?
If your motion is granted:
Your conviction is vacated
Your plea is withdrawn
Your case is reopened
You may then renegotiate a plea, fight the charges, or pursue dismissal in certain cases. This can significantly reduce or eliminate immigration consequences.
PC 1016.5 vs. PC 1473.7
Both laws provide post-conviction relief but serve different purposes.
PC 1016.5 focuses on whether the court failed to give proper advisement.
PC 1473.7 focuses on whether the defendant did not meaningfully understand the immigration consequences of the plea.
In many cases, both motions may be available.
Common Charges That Trigger Immigration Consequences
Drug offenses
Domestic violence
Theft crimes
Assault and battery
DUI with injury
Fraud-related offenses
Even relatively minor offenses can have serious immigration consequences.
How Long Does the Process Take?
Typical timeline:
Record collection: 2 to 6 weeks
Motion preparation: 2 to 4 weeks
Court hearing: 30 to 90 days
Most cases are resolved within approximately 2 to 4 months.
Step-by-Step Process
Obtain court records and transcripts
Review advisement language
Analyze immigration consequences
Prepare a declaration
File the motion
Attend the hearing
Await the court’s decision
Mistakes to Avoid
Waiting too long after discovering immigration consequences
Filing without reviewing the court record
Failing to show prejudice
Confusing PC 1016.5 with other forms of relief
Why Older Cases Are Strong Candidates
Older cases often involve incomplete records, missing transcripts, or inadequate advisements. Courts may recognize these gaps and allow motions to proceed.
If your conviction is years or even decades old, you may still be eligible for relief.
Serving Clients Throughout Los Angeles
Gary Labin represents clients throughout Los Angeles, including Downtown Los Angeles, Van Nuys, Hollywood, Pasadena, Long Beach, and the San Fernando Valley.
If your case was handled in Los Angeles County, your conviction may be eligible for review.
Frequently Asked Questions
Can I file a motion if I already completed my sentence?
Yes. Post-conviction relief is available even after your sentence is complete.
Do I need to be in immigration custody?
No. You can file proactively.
What if I signed a plea form mentioning immigration consequences?
You may still qualify depending on how the advisement was given.
Will this stop deportation?
It can, depending on your case and timing.
Why Hire Gary Labin?
PC 1016.5 cases require a detailed understanding of both criminal and immigration law.
Gary Labin provides:
Thorough case evaluation
Strategic motion preparation
Strong courtroom advocacy
Clear communication throughout the process
Contact a Los Angeles PC 1016.5 Attorney Today
If you are facing immigration consequences from a past conviction, you may still have options.
A PC 1016.5 motion may allow you to vacate your conviction and protect your future in the United States.
Contact the Law Offices of Gary Labin today to discuss your case and learn how we can help