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MOTION TO VACATE CONVICTION OR SENTENCE

MOTION TO VACATE CONVICTION OR SENTENCE 2025

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The document CR-187 is a legal form used in California for filing a motion to vacate a conviction or sentence under Penal Code sections 1016.5 and 1473.7. It outlines the necessary information required from the attorney or party, including details about the case, grounds for relief related to immigration consequences of a guilty plea, and requests for vacating the conviction or withdrawing the plea. The form emphasizes the importance of truthfulness in statements made and provides instructions on how to properly file and serve the motion.

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Versions	Form popularity	Fillable & printable
2022	4.3 Satisfied (33 Votes)
2018	4.5 Satisfied (49 Votes)
2017	5 Satisfied (24 Votes)

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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.

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