Mass. Gen. Laws » Part IV Title II Chapter 278
Massachusetts General Laws

Mass. Gen. Laws ch. 278, § 29D (2026)

Conviction upon plea of guilty, nolo contendere or an admission to sufficient facts; motion to vacate

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Section 29D. The court shall not accept a plea of guilty, a plea of nolo contendere, or an admission to sufficient facts from any defendant in any criminal proceeding unless the court advises such defendant of the following: ''If you are not a citizen of the United States, you are hereby advised that the acceptance by this court of your plea of guilty, plea of nolo contendere, or admission to sufficient facts may have consequences of deportation, exclusion from admission to the United States, or denial of naturalization, pursuant to the laws of the United States.'' The court shall advise such defendant during every plea colloquy at which the defendant is proffering a plea of guilty, a plea of nolo contendere, or an admission to sufficient facts. The defendant shall not be required at the time of the plea to disclose to the court his legal status in the United States.

If the court fails so to advise the defendant, and he later at any time shows that his plea and conviction may have or has had one of the enumerated consequences, even if the defendant has already been deported from the United States, the court, on the defendant's motion, shall vacate the judgment, and permit the defendant to withdraw the plea of guilty, plea of nolo contendere, or admission of sufficient facts, and enter a plea of not guilty. Absent an official record or a contemporaneously written record kept in the court file that the court provided the advisement as prescribed in this section, including but not limited to a docket sheet that accurately reflects that the warning was given as required by this section, the defendant shall be presumed not to have received advisement. An advisement previously or subsequently provided the defendant during another plea colloquy shall not satisfy the advisement required by this section, nor shall it be used to presume the defendant understood the plea of guilty, or admission to sufficient facts he seeks to vacate would have the consequence of deportation, exclusion from admission to the United States, or denial of naturalization.

Notes of Decisions
Cited in 108 cases (11 in the last 5 years), 1986–2026 · leading case: Commonwealth v. Villalobos, 777 N.E.2d 116 (Mass. 2002).
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Commonwealth v. Villalobos, 777 N.E.2d 116 (Mass. 2002). · cites it 15× “As part of the colloquy conducted by a judge in the Cambridge District Court, the defendant was advised of the potential immigration consequences of a “conviction,” consistent with the requirements of G. L. c. 278, § 29D. 1 On September 18, 1998, shortly before the expiration of…”
Commonwealth v. Hilaire, 777 N.E.2d 804 (Mass. 2002). · cites it 14× “G. L. c. 278, § 29D. Facing deportation back to his native Haiti more than one and one-half years after his admission to sufficient facts on multiple charges, the defendant moved to withdraw those admissions and for a new trial on the ground that the judge failed to provide him…”
Commonwealth v. Grannum, 928 N.E.2d 339 (Mass. 2010). · cites it 19× “1 He argues that he is entitled to withdraw his admission because he did not receive immigration warnings as required by G. L. c. 278, § 29D, before offering his admission, and that no record exists indicating that such warnings were given.”
Commonwealth v. Hilaire, 752 N.E.2d 737 (Mass. App. Ct. 2001). · cites it 20× “In that motion he claimed that he was not given proper immigration warnings, see G. L. c. 278, § 29D, as appearing in St. 1996, c.”
Commonwealth v. Petit-Homme, 128 N.E.3d 62 (Mass. 2019). · cites it 15× “The judge neglected, however, to recite the following, more general words of warning prescribed by G. L. c. 278, § 29D : "If you are not a citizen of the United States, you are hereby advised that the acceptance by this court of your plea of guilty, plea of nolo contendere, or…”
Commonwealth v. Mahadeo, 491 N.E.2d 601 (Mass. 1986). · cites it 13× “The defendant alleged that when he admitted to sufficient facts he was not informed as required by G. L. c. 278, § 29D (1984 ed.), 1 that, if he was not a United States citizen, his conviction might result in his deportation, exclusion from the United States, or denial of…”
Commonwealth v. Rzepphiewski, 725 N.E.2d 210 (Mass. 2000). · cites it 13× “§ 1101 (a) (1994), and claiming that at the time he entered the plea, the judge did not advise him, as required by G. L. c. 278, § 29D, that his conviction could result in his deportation or other adverse immigration consequences under Federal law (deportation advisement).”
Commonwealth v. Valdez, 56 N.E.3d 183 (Mass. 2016). · cites it 16× “Under G. L. c. 278, § 29D, where a judge fails to advise a defendant during the plea colloquy that conviction may have the consequence of exclusion from admission to the United States, the conviction must be vacated upon motion of the defendant if the defendant shows that his or…”
Commonwealth v. Jones, 632 N.E.2d 408 (Mass. 1994). · cites it 8× “866 (1979), and a judge accepted it and found him guilty, he had not been informed, as *662 required by G. L. c. 278, § 29D (1992 ed.), that his admission would expose him to the risk of deportation.”
Commonwealth v. Marques, 994 N.E.2d 382 (Mass. App. Ct. 2013). · cites it 10× “4 The defendant consequently filed a motion to withdraw his pleas, arguing that the judge did not comply with G. L. c. 278, § 29D, in that he did not advise the defendant that the particular disposition of his case, i.”
Commonwealth v. Diaz, 914 N.E.2d 129 (Mass. App. Ct. 2009). · cites it 7× “As enacted in 1978, 3 G. L. c. 278, § 29D, directed trial judges not to accept a plea of guilty or nolo contendere from any defendant unless the judge had first advised the defendant “that conviction of the offense for which you have been charged may have the consequences of…”
Commonwealth v. Ciampa, 747 N.E.2d 185 (Mass. App. Ct. 2001). · cites it 7× “We are again asked to consider whether a defendant’s claim that he was not given the required “alien warnings” pursuant to G. L. c. 278, § 29D, at a plea hearing, *460 can be met with a reconstruction of the record consisting of a statement by the hearing judge that it was his…”
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