Perez

*820 In August 2005, Modesto Perez pled guilty to possession of methamphetamine for sale ( Health & Saf. Code, § 11378 ). Over six months later, Perez was deported to Mexico based on his conviction.

On January 1, 2017, Penal Code 1 section 1473.7 became effective. That statute allows a person no longer imprisoned or restrained to move to vacate a conviction or sentence for one of two reasons, including that "[t]he *821 conviction or sentence is legally invalid due to a prejudicial error damaging the moving party's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere." ( § 1473.7, subd. (a)(1).) Perez subsequently filed a motion to vacate his conviction under section 1473.7. The superior court denied Perez's motion.

Perez appeals, contending the court erred in denying his motion. The People counter, arguing the statute does not apply *97 retroactively and, even if it did, Perez's motion was untimely and the record shows that he had sufficient knowledge of the immigration consequences of his plea.

We determine that section 1473.7 does apply to Perez. However, we…