DACA


Deferred Action for Childhood Arrivals (DACA)

Information for the Public
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imageClick to Complete & Submit Intake Form imageNew Law for Immigrants With Prior Drug Possession imageCAL PC 1203.43
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Can change six specific low level, nonviolent offenses from potential felonies  into a misdemeanor. This includes simple drug possession and five petty-theft offenses under $950 in value.
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If the sentence imposed included a term of in local or county prison under certain circumstances a person can petition for a dismissal.  This eliminates the conviction as an automatic bar to DACA.
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A person who successfully completes the requirements of drug treatment can petition the court for a dismissal.
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If the record of conviction shows that charges were dismissed after successful completion of DEJ, a petition to the court can be filled to withdraw the original plea and dismiss the case.
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Under California law, some offenses can be punished either as a felony or a misdeamenor. These offenses are called “Wobblers” and some can be reduced into a misdemeanor at the judge’s discretion.
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A person who successfully completes the requirements of Deferred Enty of Judgement (DEJ) can petition the court for a dismissal.
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If the sentence imposed included a term of probation under certain circumstances a person can petition for a dismissal.  This eliminates the conviction as an automatic bar to DACA
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A person who successfully completes the requirements of Deferred Enty of Judgement (DEJ) can petition the court for a dismissal.
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If the sentence imposed did not include a term of probation under certain circumstances a person can petition for a dismissal.  This eliminates the conviction as an automatic bar to DACA.
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In cases where a California code section says “up to one year” it must be designated on the record to mean up to “364 days”. This will help some immigrants who apply for naturalization, family visas, and other “regular” immigration.

 

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