I was arrested, or I have a record, and I have DACA
Protect yourself in the case, then learn what it means for DACA.
5 steps
Step 1 of 5: If the case is still open
Tell your defense lawyer you are not a citizen before you accept any deal.
- Arrested Not a CitizenArrested and not a U.S. citizen? Stay silent, ask for a lawyer, and tell your defense lawyer, and only your lawyer, that you are not a citizen. ICE will likely learn about the arrest. You have rights in jail, and your lawyer can fight for an outcome that protects your status.Guide
- Plea Deal ImmigrationYes. In California, your defense lawyer must tell you, clearly and correctly, how a plea could affect your immigration status, and must fight to avoid those effects if you ask. Don't plead until you understand. Here is what your lawyer owes you, what to ask, and what to do if no one warned you.Guide
- What to tell my defense lawyerPrint it and fill it in by handChecklist
Step 2 of 5: Know what can block DACA
Some convictions end DACA and others do not.
- Offenses that block DACAA felony, one serious misdemeanor like a DUI, or three or more other misdemeanors will block DACA. So can signs that you are a safety threat. Minor traffic tickets do not count.Quick answer
- DACA and ArrestsAn arrest does not end your DACA hopes on its own. Many people with a ticket, an arrest or even a small conviction still qualify. But some convictions are a hard stop, and every case must be reported. Here's what counts, what doesn't, and which records to gather before you file.Guide
- My record list for the lawyerPrint it and fill it in by handChecklist
Step 3 of 5: Get your records
You cannot judge a record you have never seen.
- Get Your Criminal RecordYou can't protect yourself from a record you've never seen. Get three things, your California "rap sheet", your FBI record and your court papers, so you and your lawyer know exactly what is there. Here is how to get each one, what it costs, and how to fix mistakes.Guide
- My record worksheetPrint it and fill it in by handChecklist
Step 4 of 5: Ask about fixing an old case
California has ways to change old convictions. Not every fix works for immigration.
- Fix Old ConvictionAn old conviction can block a green card, citizenship or a defense in immigration court. California gives you real ways to go back to court and fix it. Not every fix counts for immigration, though. Here is which tools can help, which mostly help with jobs, and how to start.Guide
- Papers to gather before you see a lawyerPrint it and fill it in by handChecklist
Step 5 of 5: Get help from a person
You do not have to do this alone. Ask about cost, languages and current openings before you share documents.
- ImmigrationLawHelp.orgA national directory of free or low-cost nonprofit immigration legal service providers. Search by ZIP code, county or the name of a detention facility.Organization
- LawHelpCACalifornia's statewide legal self-help site, maintained by the Legal Aid Association of California. Set your city, county or ZIP code to find local legal aid and self-help on immigration, housing, work, family and benefits.Organization
This page puts DNLH guides in a useful order. It is general information, not legal advice. Each guide shows its sources and the date its facts were checked.
Not quite your situation?
All situations- My DACA expires in the next few monthsRenew on time and keep working while you wait.6 steps
- My DACA already expired, or my renewal is lateFile now, push a slow case and protect your income.5 steps
- I have never had DACAWhat a first request means right now, and other options to ask about.5 steps
- I want to travel outside the U.S. with DACAUnderstand the risk, get legal advice, then apply.5 steps