SB3629 Summary

• Requires courts to advise defendants before accepting guilty pleas that conviction may result in deportation, exclusion from the U.S., or denial of naturalization.

• Allows defendants previously barred by time limitations from filing motions to vacate to pursue relief under new procedures if they were not advised of immigration consequences.

• Permits any person regardless of custody status to file a petition to vacate a conviction or sentence based on legal invalidity due to prejudicial error affecting understanding of immigration consequences or newly discovered evidence of actual innocence.

• Establishes that petitions claiming immigration-related legal invalidity are timely if filed with reasonable diligence after receiving immigration notice, becoming aware of immigration consequences, receiving a removal order, or the bill's effective date.

• Creates a presumption of legal invalidity when a defendant pleaded guilty under a statute allowing conviction erasure upon completion of requirements, complied with those requirements, and the disposition was used for adverse immigration consequences.