Manual on Prop 47 & Other Post-Conviction Relief for Immigrants

Crimes
DACA
Post-Conviction Relief
Publication Date

The Immigrant Legal Resource Center, with our partners the Lawyers Committee for Civil Rights in the San Francisco Bay Area and Californians for Safety and Justice, are pleased to provide a manual on how to help immigrants get post-conviction relief in California.    Here is a link to the manual, and a separate link to the Practice Aids in the Appendices.

This manual is written for immigration advocates, and for defense counsel and clean slate/re-entry advocates who help to obtain post-conviction relief.    It describes what kinds of post-conviction relief are effective and safe for immigrants.

The manual focuses on reduction of a felony to a misdemeanor under Prop 47 and Penal Code 17(b)(3); new Penal Code § 1203.43, which will eliminate a DEJ "conviction" for immigration purposes;  "expungements" under Penal Code § 1203.4 and other statutes, which can especially help applicants for DACA (and DAPA, if it goes forward).   The manual also includes a detailed discussion of DAPA/DACA, and guides to determining if the person is eligible for other relief.

The Appendices include a number of practice aids:  Charts, check-lists, client questionnaires, and lists of resources.