Criminal Defense of Immigrants


§ 3.27 b. Determining Which Criminal History Reports to Order

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                First, it is necessary to verify the jurisdiction (i.e., the geographical location of the court) in which each criminal conviction occurred.  If the conviction occurred in federal court, it is necessary to determine the state and district of the U.S. District Court in which the client suffered the conviction.  If the conviction occurred in state court, the attorney must ascertain the state and county (or other local governmental subdivision) in which the conviction occurred.  This information is necessary to determine which “rap sheets” (federal, state, and/or local criminal history records) must be obtained in order to verify the existence of the conviction(s), and to determine which court in which city has the court file containing the documents that may be used to identify and challenge the conviction.[110]

[110] For information on obtaining official records, see § 3.34, infra.