CA AB1259

Authorizes persons no longer in criminal custody to file motions to vacate convictions or sentences based on prejudicial errors affecting their ability to understand immigration consequences of convictions or sentences (expanded from previous language limited to pleas).

Establishes motions regarding immigration consequences are timely if filed while the person is no longer in custody, or may be deemed untimely if not filed with reasonable diligence after receiving immigration court notice or a final removal order.

Creates a presumption of legal invalidity for guilty or nolo contendere pleas under statutes where convictions could be dismissed upon completing requirements, if the disposition has been or could be used against the defendant in immigration proceedings.

Requires courts to grant motions vacating convictions obtained through guilty or nolo contendere pleas if the moving party establishes by preponderance of evidence that the conviction is causing or could cause removal or denial of immigration benefits, and allows withdrawal of the plea.

Requires all motions to receive a hearing unless the prosecution objects, in which case the court may grant the motion without a hearing; orders granting or denying motions are appealable as orders affecting substantial rights.