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Click ‘Get Form’ to open the MOTION TO VACATE CONVICTION OR SENTENCE in the editor.
Begin by filling in your personal information, including your name, address, and contact details. Ensure accuracy as this information is crucial for court correspondence.
In the section regarding the case number, clearly state the specific conviction or sentence you are addressing. If there are multiple cases, remember to file a separate motion for each.
Detail the grounds for relief by selecting relevant subsections under Penal Code sections 1016.5 and 1473.7. Provide supporting facts that explain why you believe the conviction should be vacated.
If necessary, attach additional pages using Attachment to Judicial Council Form (form MC-025) for any extra information or evidence supporting your claims.
Review all entries carefully to ensure they are true and correct before finalizing your document.

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What is a motion to vacate sentence?

An appeal asks a higher court to change the decision made by a lower court. A Motion to Vacate asks the same court to cancel its decision, as if the case never happened.

What happens in a motion to vacate?

A notice to vacate is a written statement informing tenants that they must leave a rental property by a specific date. It serves as official notification from either the landlord or tenant that the lease agreement will be terminated.

How does the motion to vacate work?

Ask the court to vacate a conviction or sentence because you are not a citizen and did not understand the immigration consequences of the conviction, or if you have newly discovered evidence of actual innocence.

What does it mean when a conviction is vacated?

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.