How to host a record clearing clinic for immigrant neighbors

This page is a planning guide for hosts. It is general information, not legal advice. DNLH does not run clinics or give legal advice.

Why is a record clinic different for immigrants?

For a U.S. citizen, a "clean slate" dismissal is usually all good news. For a noncitizen, it can be different.

• A regular dismissal does not erase a conviction for immigration. USCIS says a conviction that is expunged or dismissed after someone finishes probation still counts for immigration. Only a conviction vacated for a legal defect stops counting.
• The court itself warns noncitizens. California Courts says cleaning a record can be more complicated for non citizens and may affect legal status.
• Some immigrants need a different tool. Laws like Penal Code 1473.7 or the survivor vacatur laws can cancel a conviction in a way that works for immigration. A lawyer needs to spot those first.
• Old records still have to be shown. Immigration officials can ask for court records even when a case was cleared. People need certified copies, not just a clean report.

So an immigrant clinic has one extra job: every person with a record gets an immigration review before anyone files anything in court.

Who can give advice at the clinic?

Only lawyers and DOJ accredited representatives working for a recognized nonprofit may give immigration legal advice. A notario is not a lawyer in the U.S.

That means volunteers can welcome people, explain the steps, help fill in intake and Live Scan forms, and keep things moving. Volunteers must not tell anyone "this case will not hurt you" or "you are safe to apply." Even a kind guess can cost someone their home. Train every volunteer to say: "That is a great question for the lawyer."

California also limits what immigration consultants may do. They may not give legal advice or tell people which form to use. Do not invite a consultant or notario to "help."

How does a two part clinic work?

Most immigrant record clinics run in two steps, because the record takes time to arrive.

Part 1: Intake and Live Scan day

1. Check in. Greet people, give a number, and explain the day in their language.
2. Sign the legal agreement with the partner lawyer's team. It says what help the person will and will not get.
3. Intake interview. A trained volunteer, supervised by a lawyer, goes through a screening form. It asks about past cases and immigration history.
4. Live Scan. The person is fingerprinted to request their own California record, using form BCIA 8016RR.
5. Next steps sheet. Each person leaves knowing who will call them and what to bring next time.

Part 2: Legal review and follow up

• The partner lawyers read the record and the intake.
• Each person gets a consultation: what their record means for immigration, and which tools fit.
• If clearing a record is safe and helpful, the partner files it or refers the person. If a stronger tool is needed, they refer to an immigration or post conviction lawyer.

The Immigrant Legal Resource Center (ILRC) publishes a toolkit for this model, with sample forms for lawyers.

What does Live Scan cost, and who pays?

• State fee: $25 to the California Department of Justice for a person's own record.
• Fingerprint rolling fee: set by the Live Scan operator. It varies. Ask your vendor for a quote in writing, and ask whether they offer a lower rate for a nonprofit event.
• Fee waiver: people with low income, no income, or public assistance can ask the DOJ to waive the $25. It is an online form signed under penalty of perjury. It does not cover the operator's fee.

Plan your budget so no one is turned away because they cannot pay the rolling fee. Many hosts raise money for this ahead of time.

How do we protect people's information?

People are trusting you with their past and their status. Treat their papers like medical records.

• Collect only what the lawyers need. Do not make your own list of who is undocumented. Do not ask about status at the welcome table.
• Let the legal partner hold the files. Intake forms, records and notes should go to the partner's secure system, not a church laptop or a shared drive.
• Get written consent before anyone other than the person sees their record. The DOJ processes Record Review requests only from the person themselves; requests from third parties are not authorized. So your group cannot order records for people. The person requests their own, then chooses to share it with the lawyer.
• No photos of people, screens or forms. Post a sign.
• Lock it up. Paper forms go in a locked box, then straight to the partner. Shred extra copies the same day.
• Use first names in the room. Call numbers, not full names.

The partner lawyer should explain what is private between them and the client. Ask them before the event, and include it in volunteer training.

How do we keep people safe on the day?

People may be afraid to come. Be honest and calm.

• In January 2025, DHS ended the older policy that limited immigration arrests at churches and other "protected areas." Plan as if agents could come.
• Hold intake in a private room, not the open hall. Mark private areas with signs. A federal rule, 8 CFR 287.8(f)(2), says immigration officers may not enter the non public areas of a business or home to question people about their status unless they have a warrant or the consent of the person in charge. The rule does not name churches or community halls, and it does not say what kind of warrant. Ask your legal partner how it applies to your building, and pick one person who can say "I do not consent to entry."
• Choose one or two trained greeters, including the person in charge of the building, who know what to do if agents arrive, and who can tell a judge's warrant from an immigration form. See Is it a judge's warrant? and If immigration agents come.
• Post the rapid response numbers: San Mateo County (203) 666-4472 (24/7, run by Faith in Action for the county) and Santa Clara County (408) 290-1144 (24/7).
• Never promise "you are 100% safe here." Say what you are doing to protect people.

Who can partner with us?

These are nonprofit and public legal offices. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA): record clearance and immigration help for low income residents of San Mateo and Santa Clara counties. 650-326-6440. clsepa.org/services
• Santa Clara County Public Defender, Reentry Expungement Program: record clearance at the Reentry Resource Center, 151 W. Mission Street, San Jose, for people who meet its financial rules. (408) 535-4290. Ask whether they can work with an immigration partner. pdo.santaclaracounty.gov
• San Mateo County Private Defender Program: (650) 298-4000. Ask about record clearance events.
• Immigration legal partners: see Free or low cost immigration legal help in the Bay Area, the San Mateo County legal assistance list, and the Santa Clara County legal services list. Look for DOJ recognized organizations.
• Statewide: the California Department of Social Services list of funded immigration legal providers, or call (916) 651-8017.

How do we spread the word?

• Use simple flyers in the languages your neighbors speak. Say "free record review and legal screening," not "fix your papers."
• Say clearly that lawyers from a named nonprofit will be there.
• Say what to bring: photo ID if they have one, any court papers, and any immigration papers.
• Warn people never to pay anyone at the event for immigration help. Point them to Warning signs of an immigration scam.
• Ask people to sign up ahead of time, so you have enough interpreters and Live Scan time.

Common questions

Can we run a regular Clean Slate event and invite everyone? You can, but every noncitizen should see an immigration lawyer before anything is filed. Many hosts run a separate track or day for immigrants.

What if someone has an immigration court date soon? Send them to the lawyer that day. Do not wait for Part 2.

Do we need insurance or a special permit? Ask your legal partner and your own insurer before you set the date. Your city or county clerk can tell you whether your event needs a local permit.

Can a pastor or volunteer go with someone to court? Yes, as support. Not as their lawyer.

Is there a checklist we can print?

What you are doing is a gift. A good clinic tells people the truth and shows them a path.