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How do I vacate a conviction in California?

A motion to vacate judgment is a written request for the court to overturn a criminal conviction. It is filed in California based on state law found at Penal Code 1473.7 PC. This law allows people that are no longer in custody to file a motion to vacate a judgment in a criminal case.

What Does vacating a sentence mean?

When a conviction is vacated, the guilty plea is withdrawn and the court dismisses the case, releasing you from all penalties and disabilities.

What does it mean to vacate conviction?

What Does Vacating a Record Mean? Vacating a conviction for a misdemeanor crime means the court determines you meet certain conditions and orders. If you pled guilty to a crime, your plea will be changed to not guilty and then the charges are dismissed.

Is vacated the same as overturned?

Remanded in Part - a portion of the judgment of the lower court was remanded. Reversed - changes to the contrary to opinion of the lower court/body. Reversed in Part - part of the judgment of the lower court was reversed. Vacated - sets aside the judgment of the lower court.

What happens when a sentence is vacated?

When a conviction is vacated, the guilty plea is withdrawn and the court dismisses the case, releasing you from all penalties and disabilities.

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