This toolkit will help reentry service providers expand services for noncitizens impacted by the criminal legal system. It offers an escalating service menu, starting with tools to provide general information about how a conviction can impact immigration status, advancing to tools to help clients gather information necessary for an individualized legal analysis, tools to perform that analysis, and last, tools to pursue immigration-related post-conviction relief. This toolkit was designed with reentry providers in mind, but may also be useful for immigration legal providers serving clients with prior records.
1. Provide Information:
Tools to share general information to noncitizen clients with immigation-related reentry needs.
Resources Available
- Information for Serving Noncitizen Re-Entry Clients
- Information about Immigration Consequences of a Criminal Record [Client Oriented]
- Video: Primer on Immigrant Post-Conviction Relief
- Glossary of Relevant Terms and Penal Code Provisions
2. Provide Support in Collecting Documents:
Tools to help clients collect documents they will need for a complete analysis of immigration options, impact of record on legal status, and post-conviction relief options. Types of records include: CA RAP sheets, FBI Background Checks, FOIA requests to immigration agencies.
Resources Available
- Guide: Holding a Live Scan Event
- Template: Live Scan Disclosure Form
- Template: Live Scan Appointment Sign-In
- ILRC Guides to Background Checks & FOIAs
3. Information Gathering for Legal Analysis:
Tools to gather information about immigration and criminal history to allow for PCR screening & analysis.
Resources Available
- ILRC Crim Imm Screening Form OR
- OneJustice Post-Conviction Relief Screening Questionnaire [Fillable] & Video Training
- Video Training: How to read a RAP sheet
- Sample: ILRC Client Chronology (created with Screening Questionnaire + RAP/FBI record)
- Template: Client Chronology [Fillable]
4. Case Analysis:
Tools to build expertise in crim/imm analysis to determine how a record may impact immigration status and identify PCR options.
Resources Available
- Issue-Spotting Guide for Crim/Imm Clients
- ILRC Trainings & Subject Guides (various)
- ILRC 2020 Crim/Imm Chart and Notes
5. Post-Conviction Relief Motions:
Tools to support reentry organizations in preparing and filing PCR motions for noncitizen clients. The process and complexity for each varies by type and county. Types of motions are broken into two categories: (1) simple motions and (2) motions to vacate.
Resources Available
(1) Simple motions that can help some noncitizens
- Guide to Using Criminal Motions to Help Noncitizens
- Template Proposed Order: PC 1203.43 Dismissal for Immigration Purposes
- Sample Motion: PC 1203.3 Early Termination of Probation, Immigration Considerations
(2) Motions to Vacate (1473.7, 1016.5, Habeas)
- ILRC Guide: Helping Immigrant Clients with Post-Conviction Legal Options
- Guide: Motion to Vacate Timeline
- Sample Motions & Declarations
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.
