Tooby's California Post-Conviction Relief for Immigrants

Chapter

§12.1 I. Introduction
§12.2 II. Documenting the Victory
§12.3 A. Obtaining Certified Copies of the Order Vacating the Conviction or Sentence
§12.4 B. Correcting FBI Criminal History Reports
§12.5 C. Correcting State Criminal History Records
§12.6 III. Procedural Rules Governing the New Prosecution
§12.7 A. Right Against Vindictive Re-Prosecution
§12.8 B. Credit for Time Served
§12.9 C. Disqualification of Judge
§12.10 D. Statute of Limitations
§12.11 IV. Obtaining a New Outcome
§12.12 V. Safer Alternative Dispositions
§12.13 VI. Diversion and Deferred Entry of Judgment Programs
§12.14 A. Misdemeanor Diversion
§12.15 B. Drug Diversion Programs
§12.16 1. Deferred Entry of Judgment Constitutes A Conviction for Immigration Purposes
§12.17 a. Deferred Entry of Judgment
§12.18 b. Ex Post Facto Issue
§12.19 2. Former Drug Diversion
§12.20 3. Proposition 36 Drug Treatment
§12.21 C. Other Less Common Forms of Diversion
§12.22 1. Former Domestic Violence Diversion, Former Penal Code §1000.61000.11
§12.23 2. Diversion for Mentally Retarded Defendants
§12.24 3. Child Abuse Diversion, Penal Code 1000.12
§12.25 D. Dismissal of Charges Under Penal Code 1385
§12.26 E. Plea Negotiations
§12.27 VII. Wrapping up the Case

§ 12.12 (A)

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(A)

Pre-Plea Diversion Programs. Pre-Plea Diversion under California law prior to January 1, 1997, or any disposition that does not require a guilty plea, is not considered a conviction by the DHS. Available programs are outlined below.