AB 1259: Criminal procedure: motion to vacate.

Existing law allows a person who is no longer in criminal custody to file a motion to vacate a conviction or sentence based on a prejudicial error damaging to the moving partys ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere.

This bill would instead authorize a person to make that motion based on a prejudicial error damaging to the moving partys ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence.