What Is Post-Conviction Relief (PCR) and Who Is Eligible?

In brief: Post-conviction relief (PCR) is a request to change or undo a conviction or sentence after the case is over. In California the main routes are a motion to vacate under Penal Code 1473.7 for people no longer in criminal custody, a petition for writ of habeas corpus under Penal Code 1473 for people still in custody or restrained, a motion under Penal Code 1016.5 when the court did not give the required immigration advisement, dismissal under Penal Code 1203.4 or 1203.4a (often called expungement), and felony-to-misdemeanor reduction under Penal Code 17(b). Each route has its own eligibility rules and timing, so the first step is reading the court file.

Vikas Bajaj, Attorney at Law · Last reviewed: October 30, 2026

About the attorney. Attorney Vikas Bajaj has nearly 25 years of experience. Admitted in California (2001) and Texas (2022). Law Office of Vikas Bajaj, APC, The Bajaj Building, 2150 First Avenue, Suite 200, San Diego, CA 92101. Call (619) 525-7005.

What PCR means

PCR is short for post-conviction relief. It covers court requests made after judgment, not during the case. It is different from a direct appeal, which argues legal errors that appear in the trial record and has short filing deadlines. Post-conviction routes can reach problems outside the record, such as advice a lawyer gave about immigration, evidence found later, or a court’s failure to give a required warning.

Which California route fits

Motion to vacate (Penal Code 1473.7)

For a person who is no longer in criminal custody. The statute allows three grounds:

• A prejudicial error damaged the person’s ability to understand, defend against, or knowingly accept the immigration consequences of a plea or conviction. The court must also find the conviction is causing, or could cause, removal or denial of an immigration benefit. A prior removal order can also be the basis of a later federal illegal reentry case.
• Newly discovered evidence of actual innocence.
• The conviction or sentence was sought, obtained, or imposed on the basis of race, ethnicity, or national origin (Penal Code 745).

Timing. An immigration-based motion is timely any time after custody ends, but may be found untimely if it was not filed with reasonable diligence after an immigration notice or a final removal order based on the conviction. Innocence and racial-bias motions must be filed without undue delay after the evidence was, or could have been, discovered. Every motion is entitled to a hearing, and an order granting or denying it can be appealed.

Habeas corpus (Penal Code 1473)

For a person unlawfully imprisoned or restrained of their liberty. Grounds listed in the statute include false material evidence, new evidence presented without substantial delay that more likely than not would have changed the outcome, and a significant later dispute about scientific, medical, or forensic opinion testimony that more likely than not affected the outcome. A habeas petition can also raise a Penal Code 745 race-bias claim.

Missing immigration advisement (Penal Code 1016.5)

Before taking a guilty or no-contest plea to a crime, the court must read a set immigration warning on the record. If it did not, and the person shows the conviction may lead to deportation, exclusion, or denial of naturalization, the court must vacate the judgment and let the person withdraw the plea. Without a record of the warning, the law presumes it was not given. For pleas accepted before January 1, 2026, the statute says a court’s failure to give the warning word for word does not, by itself, require vacating the judgment, though the court keeps discretion to grant relief as otherwise authorized by law (Penal Code 1016.5(e)).

Dismissal (Penal Code 1203.4 and 1203.4a)

Often called expungement. After probation is completed (or when the court finds it in the interest of justice), the plea or verdict is set aside and the case dismissed, releasing most penalties and disabilities. For misdemeanors with no probation, Penal Code 1203.4a allows a similar petition one year after judgment. Limits stay in place: the conviction can be used in a later prosecution, it must still be disclosed on applications for public office or state licensing, and dismissal does not restore firearm rights. Learn more about expungement in San Diego.

Felony reduction (Penal Code 17(b))

An offense that can be charged as either a felony or a misdemeanor (a “wobbler”) can become a misdemeanor for all purposes in the situations the statute lists, for example when the court grants probation and declares the offense a misdemeanor. A reduction is often paired with a dismissal.

Proposition 47 (Penal Code 1170.18)

Proposition 47 made certain drug possession and lower-level theft offenses misdemeanors. A person with an older felony conviction for one of the listed offenses may ask the court that entered the judgment to resentence it as a misdemeanor if still serving the sentence, or to redesignate it as a misdemeanor if the sentence is complete. People with certain serious prior convictions or a sex offender registration requirement are not eligible, and a court can deny resentencing if it finds an unreasonable risk to public safety.

Who is eligible

Eligibility depends on the route, not on a single test:

• Custody status. Penal Code 1473.7 requires that you are no longer in criminal custody. Habeas corpus generally requires current imprisonment or restraint.
• The type of problem. Immigration advice, a missing advisement, new evidence, and record-clearing each fit a different route.
• Timing. Delay can defeat some motions, especially after an immigration notice arrives.
• The offense. Some convictions are excluded from Penal Code 1203.4 dismissal, including certain sex offenses.

How the process works

1. Get the record. The case file, plea forms, minute orders and transcripts show what was said and signed.
2. Pick the route. The file usually points to one or two options.
3. File and serve. The prosecutor gets notice. For a 1203.4 petition, relief cannot be granted unless the prosecutor had 15 days’ notice.
4. Hearing and ruling. The court decides on the papers or after a hearing. If a plea-based conviction is vacated, the case returns to an earlier stage, and the prosecution may be able to proceed again.

Federal convictions

Federal convictions follow separate rules and are not covered by the California statutes above. Read more about federal criminal defense in San Diego.

Frequently asked questions

Is PCR the same as an appeal?

No. An appeal challenges errors in the trial record and has short deadlines. Post-conviction motions and petitions can raise matters outside the record and follow their own rules.

Can I file a 1473.7 motion if I am on probation?

The statute applies to a person “no longer in criminal custody.” Whether probation or other supervision counts as custody is a question to check against current case law for your situation.

Does an expungement remove the conviction for immigration purposes?

Do not assume so. A 1203.4 dismissal releases many state penalties, but immigration authorities may still treat the conviction as a conviction, because federal law has its own definition of a conviction (8 U.S.C. § 1101(a)(48)(A)). A 1473.7 or 1016.5 motion addresses the plea itself.

Can a dismissal restore my gun rights?

No. Penal Code 1203.4 and 1203.4a both state that dismissal does not permit owning or possessing a firearm.

Talk with the office

If you want to know which route might fit your case, the office can review the court file and explain the options. Call (619) 525-7005 or use the contact page. See also the North County (Vista) courthouse page.

This page is general information, not legal advice. Reading it does not create an attorney-client relationship.