Tooby's California Post-Conviction Relief for Immigrants

In general, most types of misdemeanor convictions are vulnerable to being vacated since they are not seen as important and courts often do not observe the necessary procedures for obtaining a valid plea of guilty.  The exceptions, unfortunately, are also among the most common misdemeanors: driving under the influence (Vehicle Code § 23152), and petty theft (Penal Code § 488).  More care is often taken with these two common misdemeanors because they may be used as prior convictions to enhance the sentences for future convictions of the same offense.

            Many other common misdemeanor convictions, however, such as being drunk in public (Penal Code § 647(f)), can almost always be vacated for deficiencies in the plea.  These cases are often so minor that once vacated, the court is very often willing, even over the objection of the prosecution, to dismiss the charges on its own motion under Penal Code § 1385 in the interests of justice if the client has paid the penalty and enjoyed a clean record since the original plea.  This is particularly useful for drug‑related misdemeanors, such as violations of Health & Safety Code § 11550 (under the influence of drugs), which can have severe immigration consequences if not vacated.