CA AB813

Creates explicit right for persons no longer imprisoned or restrained to file motion to vacate conviction or sentence based on prejudicial error affecting understanding of immigration consequences of guilty or nolo contendere pleas.

Establishes right to file motion to vacate based on newly discovered evidence of actual innocence that requires vacation as matter of law or in interests of justice.

Requires courts to grant motion if moving party proves grounds for relief by preponderance of evidence, and mandates court specify basis for granting or denying motion.

Requires motion based on immigration consequences be filed with reasonable diligence after receiving immigration court notice or after removal order becomes final; actual innocence motions must be filed without undue delay.

Allows court to hold hearing without moving party's personal presence if counsel is present and court finds good cause; permits withdrawal of guilty or nolo contendere plea if conviction is vacated.