court_form | California
CR-187 - Motion to Vacate Conviction or Sentence
Summary
Motion to Vacate Conviction or Sentence
Text
Form ID: CR-187
Title: Motion to Vacate Conviction or Sentence
Effective Date: 2024-09-01
Mandatory Form: no
Languages: español
Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-187
Primary Download URL: https://www.courts.ca.gov/documents/cr187.pdf
Alternate Download URLs: https://www.courts.ca.gov/documents/cr187s.pdf
Form Detail Page:
Motion to Vacate Conviction or Sentence
(CR-187)
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, or if you have newly discovered evidence of actual innocence.
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Effective: September 1, 2024
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PDF Text:
Form Approved for Optional Use
Judicial Council of California
CR-187 [Rev. September 1, 2024]
MOTION TO VACATE CONVICTION OR SENTENCE
Penal Code, §§ 1016.5, 1473.7
www.courts.ca.gov
CR-187
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.:
NAME:
STREET ADDRESS:
CITY: STATE: ZIP CODE:
TELEPHONE NO.: FAX NO.:
EMAIL ADDRESS:
ATTORNEY FOR (name):
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PEOPLE OF THE STATE OF CALIFORNIA
v.
DEFENDANT: DATE OF BIRTH:
CASE NUMBER:
FOR COURT USE ONLY
DATE:
TIME:
DEPARTMENT:
MOTION TO VACATE CONVICTION OR SENTENCE
Pen. Code, § 1016.5 Pen. Code, § 1473.7(a)(1) Pen. Code, § 1473.7(a)(2) Pen. Code, § 1473.7(a)(3)
Instructions— Read carefully if you are filing this motion for yourself
• The term "Moving Party" as used in this form refers to the person asking for relief.
• This motion must be clearly handwritten in ink or typed. Make sure all answers are true and correct. If you make a
statement that you know is false, you could be convicted of perjury (lying under oath).
• You must file a separate motion for each separate case number.
• Fill in the requested information. If you need more space, add an extra page and note that your answer is "continued
on added page," or use Attachment to Judicial Council Form (form MC-025) as your additional page.
• Serve the motion on the prosecuting agency.
• File the motion in the superior court in the county where the conviction or sentence was imposed. Only
the original motion needs to be filed unless local rules require additional copies.
• Notify the clerk of the court in writing if you change your address after filing your motion.
1. This motion concerns a conviction or sentence in case number . On (date): ,
the Moving Party was convicted of a violation of the following offenses (list all offenses included in the conviction):
CODE SECTION TYPE OF OFFENSE (felony, misdemeanor, or infraction)
If you need more space to list offenses, use Attachment to Judicial Council Form (form MC-025) or any other additional page.
Page 1 of 6
CR-187 [Rev. September 1, 2024] MOTION TO VACATE CONVICTION OR SENTENCE
CR-187
PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER:
2. MOTION UNDER PENAL CODE SECTION 1016.5
a. GROUNDS FOR RELIEF: The Moving Party requests relief based on the following:
(1) Before acceptance of a plea of guilty or nolo contendere to the offense, the court failed to advise the Moving Party that
the conviction might have immigration consequences, as required under Penal Code section 1016.5(a).
(2) The conviction that was based on the plea of guilty or nolo contendere may result in immigration consequences for the
Moving Party, including possible deportation, exclusion from admission to the United States, or denial of naturalization.
(3) The Moving Party likely would not have pleaded guilty or nolo contendere if the court had advised the Moving Party of
the immigration consequences of the plea. (People v. Arriaga (2014) 58 Cal.4th 950.)
b. Supporting Facts
Tell your story. Describe the facts you allege regarding (1) the court's failure to advise you of the immigration consequences, (2)
the possible immigration consequences, and (3) the likelihood that you would not have pleaded guilty or nolo contendere if you
had been advised of the immigration consequences by the court. (If necessary, attach additional pages. You may use
Attachment to Judicial Council Form (form MC-025) for any additional pages. If available, attach declarations, relevant records,
transcripts, or other documents supporting the claim.)
3. MOTION UNDER PENAL CODE SECTION 1473.7(a)(1), Legal Invalidity With Actual or Potential Immigration
Consequences
The Moving Party is not currently in criminal custody in the case referred to in item 1 (criminal custody includes in jail or prison or on
bail, probation, mandatory supervision, postrelease community supervision (PRCS), or parole).
a. GROUNDS FOR RELIEF: Moving Party requests relief based on the following:
The conviction or sentence is legally invalid due to a prejudicial error (a mistake that causes harm) that damaged the Moving
Party's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration
consequences of a conviction or sentence. (Note: A determination of legal invalidity may, but is not required to, include a finding
of ineffective assistance of counsel.) If you are claiming that your conviction or sentence is invalid due to ineffective assistance
of counsel, before the hearing is held on this motion, you (or the prosecutor) must give timely notice to the attorney who you are
claiming was ineffective in representing you.
Page 2 of 6
CR-187 [Rev. September 1, 2024] MOTION TO VACATE CONVICTION OR SENTENCE
CR-187
PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER:
3. b. Supporting Facts
Tell your story. What facts show prejudicial error? Include information that shows that the conviction or sentence you are
challenging is currently causing or has the possibility of causing your removal from the United States, or the denial of your
application for an immigration benefit, lawful status, or naturalization.
CAUTION: You must state facts, not conclusions. For example, if claiming ineffective assistance of counsel, you must state
facts detailing what the attorney did or failed to do and how that affected your conviction or sentence.
Note: The court presumes your conviction or sentence is not legally valid if
(1) you pleaded guilty or nolo contendere based on a law that provided that the arrest and conviction would
be deemed never to have occurred if specific requirements were completed;
(2) you completed those specific requirements; and
(3) despite completing those requirements, your guilty or nolo contendere plea has been, or possibly could be, used
as a basis for adverse immigration consequences.
(If necessary, attach additional pages. You may use Attachment to Judicial Council Form (form MC-025) for any additional
pages. If available, attach declarations, relevant records, transcripts, or other documents supporting the claim.)
c. Reasonable Diligence (check all that apply)
(1) (a) , the Moving Party received a notice to appear in immigration court or
other notice from immigration authorities that asserts the conviction or sentence as a basis for removal or the denial
of an application for an immigration benefit, lawful status, or naturalization.
On (date):
(b) The Moving Party has not received a notice to appear in immigration court or other notice from immigration
authorities as described above.
(2) , the Moving Party received notice that a final removal order was issued
against the Moving Party, based on the conviction or sentence that the Moving Party seeks to vacate.
(a) On (date):
(b) The Moving Party has not received a final notice of removal as described above.
(If you are requesting appointment of counsel, you may skip the following item, 3c(3).)
(3) This motion may be denied because of a delay in filing it. If you received both notices mentioned above, explain why you
did not bring and could not bring this motion earlier. If you received both notices before this law went into effect on January
1, 2017, when did you become aware of the law? Did something happen to give you a reason to look for conviction relief?
Page 3 of 6
CR-187 [Rev. September 1, 2024] MOTION TO VACATE CONVICTION OR SENTENCE
CR-187
PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER:
4. MOTION UNDER PENAL CODE SECTION 1473.7(a)(2), Newly Discovered Evidence of Actual Innocence
The Moving Party is not currently in criminal custody in the case referred to in item 1 (criminal custody includes in jail or prison or
on bail, probation, mandatory supervision, post release community supervision (PRCS), or parole).
a. GROUNDS FOR RELIEF: Moving Party requests relief based on the following:
(1) Newly discovered evidence of actual innocence exists that requires vacating the conviction or sentence as a matter of
law or in the interests of justice.
(2) The Moving Party discovered the new evidence of actual innocence on (date):
b. Supporting Facts
Tell your story. Describe the newly discovered evidence and how it proves your actual innocence. Explain why you could not
discover this evidence at the time of your trial. Explain why you did not bring and could not bring this motion earlier. (If
necessary, attach additional pages. You may use Attachment to Judicial Council Form (form MC-025) for any additional pages.
If available, attach declarations, relevant records, transcripts, or other documents supporting the claim.)
5. MOTION UNDER PENAL CODE SECTION 1473.7(a)(3), Conviction or Sentence Based on Race, Ethnicity, or National
Origin in Violation of Penal Code section 745(a) (Racial Justice Act)
The Moving Party is not currently in criminal custody in the case referred to in item 1 (criminal custody includes in jail or prison or
on bail, probation, mandatory supervision, postrelease community supervision (PRCS), or parole).
a. Filing Date
If you have a claim for violation of Penal Code section 745(a), indicate which of the following apply to the case in which you are
making this claim (check all that apply):
(1) Judgment is not final (for example, because an appeal is pending).
(2) The Moving Party is facing actual or potential immigration consequences related to the conviction or sentence.
(3) This motion is filed on or after January 1, 2025, and judgment became final for a felony conviction on or after
January 1, 2015; or
(4) This motion is filed on or after January 1, 2026, and judgment is for a felony conviction.
Page 4 of 6
CR-187 [Rev. September 1, 2024] MOTION TO VACATE CONVICTION OR SENTENCE
CR-187
PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER:
5. b. GROUNDS FOR RELIEF: Moving Party requests relief based on the following (choose all that apply):
(1) The judge, an attorney, a law enforcement officer, an expert, or a juror in the case exhibited bias or animus toward
the Moving Party because of the Moving Party's race, ethnicity, or national origin.
(2) During in-court trial proceedings, the judge, an attorney, a law enforcement officer, an expert, or a juror used racially
discriminatory language about the Moving Party's race, ethnicity, or national origin. (Racially discriminatory language
does not include relaying language used by someone else that is relevant to the case, or giving a racially neutral
and unbiased physical description of the suspect.)
(3) The Moving Party was charged with or convicted of a more serious offense than defendants of other races,
ethnicities, or national origins who have engaged in similar conduct and are similarly situated, and the prosecution
more frequently sought or obtained convictions for more serious offenses against people who share the Moving
Party's race, ethnicity, or national origin in the county where the convictions were sought or obtained.
(4) The Moving Party received a longer or more severe sentence compared to similarly situated individuals convicted of
the same offense and:
(a) longer or more severe sentences were more frequently imposed for the same offense on defendants who share
the Moving Party's race, ethnicity, or national origin than on others in that county; and/or
(b) longer or more severe sentences were more frequently imposed for the same offense on defendants in cases with
victims of one race, ethnicity, or national origin than in cases with victims of other races, ethnicities, or national
origins in that county.
c. Discovery of Violation
The Moving Party learned of the grounds described in item 5b above on or about (date):
d. Supporting Facts
CAUTION: You must state facts, not conclusions. A rule of thumb to follow is, who did exactly what to violate your rights at what
time (when) or place (where).
e. Judicial Conflict. The motion is based on a statement or conduct by a judge (check if applicable).
The judge's name is:
f. Motion for Disclosure. The Moving Party is requesting disclosure of evidence relevant to a potential violation of Penal
Code section 745(a) (check if applicable).
(1) The type of records or information sought is described as follows:
(2) The reason the records or information are needed is as follows:
Page 5 of 6
CR-187 [Rev. September 1, 2024] MOTION TO VACATE CONVICTION OR SENTENCE Page 6 of 6
CR-187
PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER:
6. REQUEST FOR COUNSEL (People v. Fryhaat (2019) 35 Cal.App.5th 969, 981)
a. The Moving Party requests appointment of counsel upon a finding by the court that there is a prima facie case for relief, and
b. The Moving Party is indigent and has completed and attached Defendant's Financial Statement (form CR-105) showing that
the Moving Party cannot afford to hire a lawyer. Form CR-105 is available online at .
7. The Moving Party requests that the court hold the hearing on this motion without the Moving Party's personal presence
because the Moving Party is (check one)
a. in federal custody awaiting deportation.
b. otherwise in custody at (facility):
c. outside of the United States and lacks permission to enter.
d. other (specify):
8. The Moving Party requests that the court vacate the conviction or sentence in the above-captioned matter.
9. If the Moving Party entered a plea of guilty or nolo contendere, the Moving Party requests that the court allow the withdrawal of the
plea of guilty or nolo contendere in the above-captioned matter.
Date:
(NAME OF MOVING PARTY OR ATTORNEY FOR MOVING PARTY)
(SIGNATURE OF MOVING PARTY OR ATTORNEY)
Retrieval chunks
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#1
Form ID: CR-187 Title: Motion to Vacate Conviction or Sentence Effective Date: 2024-09-01 Mandatory Form: no Languages: español Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-187 Primary Download URL: https://www.courts.ca.gov/documents/cr187.pdf Alternate Download URLs: https://www.courts.ca.gov/documen…
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#2
the original motion needs to be filed unless local rules require additional copies. • Notify the clerk of the court in writing if you change your address after filing your motion. 1. This motion concerns a conviction or sentence in case number . On (date): , the Moving Party was convicted of a violation of the foll…
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#3
a. GROUNDS FOR RELIEF: Moving Party requests relief based on the following: The conviction or sentence is legally invalid due to a prejudicial error (a mistake that causes harm) that damaged the Moving Party's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse imm…
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#4
other notice from immigration authorities that asserts the conviction or sentence as a basis for removal or the denial of an application for an immigration benefit, lawful status, or naturalization. On (date): (b) The Moving Party has not received a notice to appear in immigration court or other notice from immigra…
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#5
5. MOTION UNDER PENAL CODE SECTION 1473.7(a)(3), Conviction or Sentence Based on Race, Ethnicity, or National Origin in Violation of Penal Code section 745(a) (Racial Justice Act) The Moving Party is not currently in criminal custody in the case referred to in item 1 (criminal custody includes in jail or prison or …
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#6
(a) longer or more severe sentences were more frequently imposed for the same offense on defendants who share the Moving Party's race, ethnicity, or national origin than on others in that county; and/or (b) longer or more severe sentences were more frequently imposed for the same offense on defendants in cases with …
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#7
(SIGNATURE OF MOVING PARTY OR ATTORNEY)