Deferred Action Pre-Registration Workshop Criminal History

1. Deferred Action Pre-Registration Workshop Criminal History Volunteer Training for Denver MetroDACA Registration Drive

2. DACA Requirements • In order to qualify for DACA, individuals will have to prove that they have not been convicted of a felony, significant misdemeanor, three or more non-significant misdemeanors, and do not otherwise pose a threat to national security or public safety.

3. What is a “Felony” • A felony is a federal, state or local criminal offense punishable by imprisonment for a term exceeding one year (i.e. greater than 365 days);

4. What is a “Significant Misdemeanor” • a crime for which the maximum term of imprisonment is between five days and one year; and one that meets the following criteria: • Regardless of the sentence imposed, is an offense of: • Domestic Violence; • Sexual abuse or exploitation; • Burglary; • Unlawful possession or use of a firearm; • Drug distribution or trafficking; • Driving under the influence; or • If not one of those listed above, is one for which the individual was sentenced to more than 90 days in custody. This does not include suspended sentences.

5. What Is a “Non-Significant Misdemeanor” • any misdemeanor defined by federal law – one for which the term of imprisonment authorized is between six days and one year that meets the following criteria: • Is not one of the offenses listed above; and • Is one for which an individual was sentenced to time in custody of 90 days or less;

6. JUVENILE ADJUDICATIONS • Will not automatically disqualify someone – problems if tried as an adult (then the felony/significant misdemeanor will come into play); • Still discretionary; • Should provide evidence of “rehabilitation” (successful completion of probation, certificates, etc.);

7. Minor Traffic Offenses • Minor traffic offenses, such as driving without a license, will not be considered a non-significant misdemeanor that counts toward the “three or more non-significant misdemeanors” rendering a person unable to receive consideration for DACA; • However, an applicant’s entire criminal history will be considered along with other facts in determining if a person warrants a positive exercise of discretion;

8. National Security Threat or Gang Involvement

9. Evidence of criminal records • Part 3 of the DACA application contains specific questions relating to criminal history in the U.S. or abroad. Therefore, while applicants will be required to submit their fingerprints, and the government will conduct its own background checks, applicants will also be required to provide information on their own relating to any criminal histories; • People who have been arrested are required to produce arrest records, charging documents, evidence of dispositions, etc. to the government along with their actual application; • We will likely provide people with information on how to request a background check from the FBI, as well as how to obtain similar information from the CBI and CoCourts;

10. Hypothetical's

11. Intake Form • Stress the importance of answering questions on intake truthfully; • Answer all the questions, highlight questions do not have an answer to; • Ask applicant to keep this document, bring with them to each station & to the deferred action drive (if they end up registering); • Attorneys at the last station will be doing the preliminary evaluation and registering eligible applicants;