Motion to Vacate Conviction or Sentence
California · Judicial Council of California · Effective July 1, 2026
This form is used to ask the court to cancel a conviction or sentence. You can ask for this if you are not a citizen and didn't know the immigration problems of the conviction, if you found new proof that you are actually innocent, or if you have a claim related to race.
The court describes it as: 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, if you have newly discovered evidence of actual innocence, or if you have a Racial Justice Act claim.
Where this fits in a case
MotionsStage: Motions
This form is used in criminal cases when a person wants to challenge a conviction or sentence based on specific legal grounds, such as immigration issues or new evidence.
Either party may file.
Official instructions
How-to guides published by the court for this form.
Common questions
- Who should fill out this form?
- The person asking for the relief is called the "Moving Party." The form includes instructions for the Moving Party to read carefully.
Revision history
No changes recorded since we started tracking this form on October 9, 2026. The current version took effect July 1, 2026.
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