Experienced Legal Counsel In Your Corner & On Your Side

Post-Conviction Relief in California

Serving the San Gabriel Valley, Los Angeles County & Beyond

Have you been convicted of a crime? Our legal team at Escovar & Avila, LLP understands that your case does not end there. You may be suffering the ongoing effects of an offense that you paid for, and you need help regaining control of your life, your freedom, your immigration status, and your reputation.

If this scenario rings true, you should not hesitate to call our office. Too many people suffer ongoing consequences after a conviction. That is why we offer knowledgeable, strategic counsel and representation in the area of post-conviction relief.

Our goal is simple:

To provide the "Best Representation" in post-conviction relief matters. We know and understand that you have paid your debt to society and that now it is time to allow you to move forward with your life without unjust constraints and unexpected consequences.

What Is Post-Conviction Relief?

Our California criminal defense lawyers have handled many cases in the realm of post-conviction relief, including but not limited to:


Effective January 1, 2017, a new law entitled California Penal Code section 1473.7 allows people no longer in criminal custody to file a motion to vacate a conviction or sentence. This motion may be based on either one of two grounds: (1) a prejudicial error damaged the defendant’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere, or (2) newly discovered evidence of actual innocence.

For immigration purposes, this section allows motions to be raised arguing either: (1) defense counsel violated the duty to investigate and accurately advise the defendant about specific immigration consequences of a plea, (2) defense counsel failed to defend against immigration consequences of a plea by attempting to plea bargain for an immigration-safe plea; and/or (3) the defendant failed to meaningfully understand the immigration consequences of a conviction.

There are timing requirements to litigate a Section 1473.7 motion. After receiving either: (1) a notice to appear in immigration court, (2) other notice from immigration authorities, or (3) after a removal becomes final asserting the conviction or sentence as a basis for removal, this motion must be filed with “reasonable diligence.”

If the motion is successful, the plea is withdrawn and the conviction ceases to exist. The matter may still need criminal representation to seek a jury, a dismissal, or an alternative plea agreement in order to eliminate the immigration consequences.

As of January 1, 2016, new laws have taken effect that can help immigrants seeking post-conviction relief (Penal Code sections 1203.43 and 1016.2). Call us now for a free consultation!

  • Immigration issues — Our firm can help you deal with issues resulting from criminal convictions affecting immigration and citizenship, including deportation, exclusion, and denial of naturalization
  • Travel restrictions — If you are facing foreign travel restrictions, contact us for help vacating convictions
  • Litigating sentencing matters — Post conviction, our Pasadena defense attorney can assist you in litigating the reduction of a felony charge to a misdemeanor charge, in some cases, we can also reduce prison sentences
  • Expungement — Contact our firm for help in expunging convictions under the allowances detailed in California Penal Code 1203.4 and 1203.43
  • Employment matters — We may be able to help you improve employment opportunities that may be currently hindered by a criminal conviction

Some particular motions and Penal Codes that have very beneficial effects for immigrants are the following:

  • Motion per "Proposition 47" to reduce a felony charge to a misdemeanor
  • Motion per Penal Code section 17(b) to also reduce a felony to a misdemeanor
  • Motion per Penal Code section 17(d) to reduce a misdemeanor to an infraction
  • Penal Code section 18.5 which limits the maximum sentence on misdemeanors to 364 days of jail
  • Motion per Penal Code section 1203.4 to dismiss a conviction (also known as an "expungement")
  • Motion per Penal Code section 1016.5 to Vacate a Plea
  • Motion per Penal Code section 1203.43 to eliminate a plea and "conviction" for successfully completed DEJ cases

Trusted and Respected Legal Counsel Striving to Provide the Best Representation Since 1994

At Escovar & Avila, LLP, we care about our clients and work hard to help them through every stage of their cases. If you have been convicted of a crime anywhere in California, get in touch with us right away so that we may discuss with you how we can help you!

Whether you need representation in a criminal case or assistance in one of the post-conviction areas listed above, contact our criminal defense team for a free consultation at (626) 577-7700.

Why Choose Escovar & Avila, LLP?

  • 10/10 Superb Avvo Rating

  • Named one of Pasadena's Top Attorneys by Pasadena Magazine

  • Nation’s Top 1% by the National Association of Distinguished Counsel (NADC)

  • Qualified Federal Death Penalty Trial Counsel – Attorney

  • Former President of the Los Angeles Criminal Courts Bar Association

  • Featured in CNN Español, Telemundo, and Univision as a legal commenter

  • Free, initial case evaluations for clients

  • Payment plans available