CA AB2867

Allows persons no longer in criminal custody to file motions to vacate convictions based on prejudicial error affecting their ability to understand immigration consequences of guilty pleas, or based on newly discovered evidence of actual innocence.

Deems motions timely if filed while the person is no longer in criminal custody, unless the motion was not filed with reasonable diligence after receiving immigration removal notices or a final removal order.

Permits courts to grant motions without a hearing if the prosecution objects, and allows hearings to proceed without the moving party's personal presence if good cause is shown (previously required counsel presence).

Specifies that findings of legal invalidity need not include ineffective assistance of counsel findings, and requires courts to only determine whether the conviction is legally invalid due to prejudicial error regarding immigration consequences.

Prohibits courts from making specific findings of ineffective assistance of counsel unless the attorney received timely advance notice of the motion hearing from the moving party or prosecutor.