Tooby's California Post-Conviction Relief for Immigrants
§ 12.24 3. Child Abuse Diversion, Penal Code 1000.12
For more text, click "Next Page>"
This statute gives the prosecutor discretion to refer the defendant for counseling, in lieu of filing charges, in cases in which a minor is an alleged victim of abuse or neglect.[59] A deferred entry of judgment program is available in cases involving molestation or sexual abuse.[60] Of course, if charges are not filed then no conviction results. Deferred entry of judgment, on the other hand, constitutes a conviction for federal immigration purposes even after successful completion of the program, regardless of what the California Legislature says.[61] Dispositions under the former pre-plea diversion program do not constitute convictions for immigration purposes, since there was no plea of guilty or no contest. The former statute was repealed effective January 1, 1996.[62] It is important to check to determine whether a diversion dismissal under this statute involved a guilty plea or not. If not, it is not a conviction for immigration purposes. If so, it does constitute a conviction for immigration purposes.
[59] C.E.B., California Criminal Law Procedure and Practice § 9.12 (2008).
[61] Matter of Punu, 22 I. & N. Dec. 224 (BIA 1998)(en banc).
