Every DACA recipient is held to an extraordinary standard of behavior. A conviction for even a misdemeanor can impact eligibility for renewal of their status. Under current United States Citizen and Immigration Services (USCIS) regulations, conviction for a felony offense is disqualifying, which means you will not have your status renewed. A conviction for a significant misdemeanor offense may be disqualifying if it carries a potential jail term of five days to a year, and involves sales, distribution or trafficking of drugs, domestic violence, sexual exploitation or abuse, burglary, unlawful possession of a firearm, or driving under the influence of drugs or alcohol. Any misdemeanor conviction that results in an actual jail sentence of 90 days or more is considered conviction of a significant misdemeanor. 

Your liberty, and ability to remain legally in the United States, requires that immediately upon arrest, you hire an experienced and savvy criminal defense attorney who understands the interplay between criminal law and immigration regulations. If you have been arrested as a DACA recipient in Orange County, California, your choice of counsel should be The Law Offices of Bryan R. Kazarian.

What to Do if You’re Arrested as a DACA Recipient

What Is DACA? 

DACA stands for “Deferred Action for Childhood Arrivals,” providing some undocumented immigrants who arrived in the United States as children with legal status. DACA recipients are often called Dreamers. DACA is not currently a road to citizenship. However, a DACA recipient is eligible for many benefits, including:

  • Protection from deportation, if law-abiding
  • Permission to work in the US, including professional licensing
  • Access to higher education, including financial aid and scholarships
  • Social Security number
  • Access to health care
  • Protection of status and renewability of status

DACA status can provide the economic and social stability that can never arise from illegal status. However, to maintain DACA status requires vigilance. Any encounter with the police can jeopardize that status.

What Crimes Prevent You from Getting DACA Status? 

To qualify for DACA status every applicant must have a clean criminal record. The same crimes that might prevent you from getting DACA status initially will prevent you from having your DACA status renewed.  These include:

  • Conviction for a felony
  • Conviction for a significant misdemeanor
  • Conviction for three or more ordinary misdemeanors
  • Under USCIS rules, a conviction includes a guilty plea, a jury verdict of guilty, a judicial finding of guilt, or imposition of any punishment, such as court fees, a fine, or probation.

What is a DACA Expungement? 

California is a generous state when it comes to expungement of a criminal record. After all sentencing conditions have been completed, such as fines and fees paid, jail time served, probation completed, a DACA recipient can apply to have their criminal record expunged. The procedure to begin the expungement process in California is the filing of a California Penal Code Section 1203.4 Motion. 

Once expunged, many state benefits can be reclaimed. However, the process for renewing your DACA status becomes more complicated. In order to successfully seek renewal, even with an expunged record, you must include in your renewal application proof of positive equities. Positive equities are a way of showing that you are a valuable, contributing member of your community. Positive equities can be shown through volunteer community service, conviction rehabilitation, and continued close ties to the United States. Even with expungement, it is within the discretion of the USCIS to grant the renewal, or not. 

How Can I Get a DACA Expungement? 

An expungement can work in your favor when USCIS considers your DACA renewal application. Any DACA recipient living in California should consider securing an expungement of a qualifying California conviction as soon as possible after eligibility. The expungement will raise your chances of remaining in the United States with legal status through your renewal of your DACA application.

It is a matter of timing. Whenever possible, your criminal defense attorney can prepare the motion for expungement so that it is adjudicated before it is time to renew your DACA application. If you are still on probation, your criminal defense attorney might be able to ask the court to shorten your probationary period, so that you can file the motion for expungement within the time period necessary for your DACA renewal.  

How Can Our Criminal Attorneys Help With Your Criminal Charge?

Any encounter with the police can be traumatizing, especially if you are a DACA recipient with your legal status dependent upon a clean criminal record. The first step in preserving your liberty and status is to secure the services of an experienced and skilled criminal defense attorney who understands the legal consequences of a criminal conviction. In order to properly defend against any charge, in addition to telling the story of what happened, you will need to fully explain your immigration status, any prior arrests or convictions, whether you are enrolled in school, or employed.  You will need to tell your criminal defense attorney when your DACA status requires renewal in order to make some timing decisions that will help preserve your future status.  

An arrest is not disqualifying. However, any arrests must be disclosed on your renewal application. Your criminal defense attorney will review the circumstances of your arrest, and decide a course of action that is in your best interests. This might include challenging the circumstances of the arrest under the unlawful search and seizure rules, which could result in the suppression of the evidence and the dismissal of the charges. This would be one of the best outcomes. If this suppression of evidence results in a dismissal of the charges against you, the arrest record may be eligible for a motion to seal those records under California Penal Code Section 851.91 immediately upon dismissal. 

Your criminal defense attorney might challenge the way evidence was gathered or stored; how you might have been interrogated by police; or whether witness testimony was secured by a plea bargain that might influence what the witness says. As stated previously, the best outcome is dismissal of the charges. 

Reach out for skilled legal guidance today

The criminal defense attorneys you can trust are The Law Offices of Bryan R. Kazarian. With years of experience in the Orange County, California criminal courts, the attorneys at The Law Offices of Bryan R. Kazarian have a reputation in the criminal justice system for fierce representation of their clients. They understand how traumatizing any arrest might be to you, and how stressful the aftermath of an arrest might be on you and your family. 

If you are a DACA recipient who has been arrested in Orange County, California, then you must contact the attorneys at The Law Offices of Bryan R. Kazarian online or call 855-918-4253.

We have offices in Santa Ana, Westminster, Newport Beach and Fullerton to serve clients with matters heard at the CentralWestHarbor, and North Justice Centers, respectively, for all of Orange County.  The attorneys at The Law Offices of Bryan R. Kazarian are here to help! Book an online consultation to get started today.