Sometimes, a conviction or court order may not be fair or legally correct. In these cases, the law allows people to ask the court to set it aside, or “vacate” it. As of July 8, 2025, the Innocence Project counts 253 client victories. This means that 253 individuals were exonerated or had their convictions vacated.
But what is a motion to vacate and who is qualified for it?
A motion to vacate is a formal request you file with the court asking a judge to cancel, set aside, or “undo” a previous judgment, order, or conviction. But there are several issues that may arise with vacating a conviction or order.
Motion to vacate is especially important for immigrants. This is because even minor criminal records can affect their ability to stay in the U.S., apply for citizenship, or avoid deportation.
Let’s look at the common grounds for vacating a conviction or court order.
New Evidence Uncovered
Once new evidence is put forward, there can be an immediate and absolute change in the conviction landscape. Sometimes the evidence may be so profound as to affect the very ground of the initial findings, offering a ray of hope to those whose eyes have been shut by the system.
Maybe a potential key witness comes forward, or perhaps a new technology uncovers facts never realized before. There are times when you sit back and wonder if justice is served the first time or if it is later on.
It is at this time that a community stands by the wrongly done and reminds those concerned that every person deserves the right to redemption.
If any person, relative, or friend is in such a position, one must seek legal advice. Together, you might analyze how the newfound evidence could be used for a new start.
Procedural Errors During Trial
An appeal can be based on new evidence or trial procedure errors. If you ever thought that your process was unfair, you’re not alone. Procedural errors include improper jury instructions, the exclusion of relevant evidence, or the denial of effective assistance of counsel, all of which lead to the corruption of the trial proceedings.
Such procedural deficiencies practically bar you from the presentation of your case; one will feel aggrieved. Procedural errors are a focal point of consideration for vacating a conviction. If your trial was compromised by procedural errors, you should contact a lawyer who understands your situation and can help you handle the law.
Additionally, vacating a conviction order can be particularly complicated for immigrants due to the complexities of international family laws. This challenges family law cases when needing to address a conviction that affects immigration laws. According to family law attorney Aaron Bundy, if a legal issue affects your family relationships or responsibilities, you will need the expertise of a family lawyer to address it through court action or negotiated agreement.
Change in the Law
The law, being an evolving entity, is capable of creating newer routes for vacating a conviction. Changes in law and even jurisprudence may make your conviction unjust and outdated. New laws that decriminalize an action or redefine an offense may make you eligible for some remedy.
Except that courts are increasingly willing to accept that the law has changed since they last handled the subject, allowing them to renew their future and good name. Thus, you must be aware of these developments to act.
Equipped with this knowledge of your rights in the evolving framework, you will become more efficient in maneuvering the system to seek justice. You will not have to go through the process alone.
Lack of Legal Representation
For some, the changes in the law open opportunities to challenge their convictions. But the absence of legal representation can hinder the process and risk missing important deadlines or failing to provide essential evidence for your case.
The legal system has innumerable maneuvers to try and trip weaker individuals—lots of labyrinthine steps can lead to discouragement. You need someone on your side to fight for your rights and make sure your voice is heard.
If you do not have any money to hire a private attorney, try to find a local legal aid society or voluntary lawyer services. Meeting others can also provide a lift when feeling down while going through similar issues.
Claim of Innocence
Being accused of a crime you didn’t do can feel isolating. It’s as if everyone is misinterpreting your reality.
A declaration of innocence is not just words but an assertion that deserves due consideration. To go forward, accumulate evidence in support of your innocence. Witnesses, presumably some new information, or an alibi can go a long way in bolstering your claim. Try getting some support from organizations and activists that may share your interests.
Standing by your truth reclaims part of your narrative and pursues justice, giving your voice a chance to be heard by a cruel system.
