Articles Tagged with Assembly Bill 813

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In passing Assembly Bill 813, California has now joined 44 other states nationwide in allowing a person who has suffered a criminal conviction to challenge that conviction, even though he or she is no longer in custody.

The new statutes allows relief based on 1) a claim of actual innocence; and 2) failure to fully understand the consequences of the plea.

Although the statute applies to both citizens and non-citizens, in practice, this statute is expected to allow immigrants to seek relief for past convictions which hold devastating immigration consequences.

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