This toolkit is designed for legal service organizations who want to engage pro bono attorneys in providing immigrant post-conviction relief screening and services. It contains tools to run a legal clinic to screen for crim/imm issues and post-conviction relief options, tools to perform case-specific legal analysis for noncitizens with prior convictions, and tools to place and supervise post-conviction relief motions with pro bono attorneys. Although this toolkit was designed with pro bono engagement in mind, many tools may also be useful to organizations expanding their own immigrant post-conviction relief practice.
Legal Clinic: Tools to help plan an immigrant post-conviction relief legal clinic, recruit volunteers, and hold a Live Scan event and screening appointments for noncitizens with prior criminal records.
1. Planning & Outreach Resources
- Immigrant Post-Conviction Relief Clinic Model & Resources
- Video: Immigrant Post-Conviction Relief Clinic Model
- Sample Pro Bono Outreach Email
- Sample Clinic Flier
- Online Pro Bono Trainings:
- Guide: Client Interview Tips
2. Screening Appointment Resources
Live Scan
- Guide: Live Scan Event
- Template Live Scan Disclosure Form
- Template Live Scan Sign-In Sheet
Intake Appointment
- Sample Appointment Checklist
- Template Limited Scope & Brief Consultation Agreements
- PCR Screening Questionnaire (English/Spanish)
- Information about Immigration Consequences of a Criminal Record [Client Oriented]
- Template Release of Information for Pro Bono Placement
- Sample Client Next Steps Form
- Template Client Survey
- Template Volunteer Survey
Legal Analysis: Tools to help read and analyze RAP sheets & screen for clean slate remedies, immigration impact of convictions, and immigration-related post-conviction relief.
3. Case Review
- RAP Sheet Worksheet
- Online Pro Bono Trainings [clean slate services]:
- (1) Video: How to read a DOJ RAP sheet
- (2) Video: Determining Eligibility for Expungement and Reduction
- (3) Video: Determining Eligibility for Prop 47 Relief
- Template Client Chronology
- Guide: Issue-Spotting for Crim/Imm Clients
- ILRC 2020 Crim/Imm Chart and Notes
- Sample Case Summary Form
Client Follow-Up: Tools to provide remote legal consultations and to help place and supervise pro bono clean slate and post-conviction relief cases.
4. Legal Consultations
- Template: Follow-Up Remote Consultation (English/Spanish)
- Template: Authorization for Release of Information
5. Expungement & Other Clean Slate Services
- Sample: Pro Bono Recruitment Materials [Clean Slate Services]
- Sample: Expungement Case Timeline
- Guide: Using Simple Criminal Motions to Help Noncitizens
- Template Legal Agreement [Expungements]
- Template Interpreter Agreement
- Online Pro Bono Trainings:
- Sample How to File Clean Slate Petitions [San Joaquin County]
- Template Proposed Order: PC 1203.43 Dismissal [Used for Noncitizens]
- Sample Motion to Early Terminate Probation [Immigration Basis]
- Guide: Tips for your First Clean Slate Hearing
- Template Case Closure Letter
6. Post-Conviction Motions to Vacate
- Sample Pro Bono Recruitment Materials
- Sample Motion to Vacate Timeline
- Sample Pro Bono Volunteer Waiver & Agreement [PCR Cases]
- ILRC Guide: Helping Immigrant Clients with Post-Conviction Legal Options
- Online Pro Bono Trainings:
- Sample Retainer and Limitation of Services Agreement
- Template Interpreter Agreement
- Guide: Checklist for First Client Meeting
- Template Prior Attorney Release Form
- Sample Court Records Request
- Sample Outreach to the District Attorney’s Office
- Template Case Closure Letter
- Guide: Tips for Your First Hearing
- Model Briefs, Declarations, and Exhibits
This toolkit was developed by Lydia Sinkus as part of her Equal Justice Works Fellowship, sponsored by PayPal & Orrick Herrington and Sutcliffe and hosted by OneJustice, and contain tools created by Lydia and by the ILRC.