Criminal Defense of Immigrants

During the client interview, counsel should ascertain the states in which the client has resided as an adult and obtain information suggesting whether the client may have state, federal, or motor vehicle convictions.  A criminal history report should be obtained from each jurisdiction in which the client may have a criminal conviction with immigration consequences.  If the client has several convictions, very often the probation report from the most recent conviction contains an excellent summary of the client’s criminal history in that jurisdiction.  Federal presentence reports include comprehensive summaries of convictions in all jurisdictions.

                The following sections give information concerning how to obtain criminal history reports from the Federal Bureau of Investigation, see § 3.36, infra; state departments of justice, see § 3.37, infra; and state departments of motor vehicles.  See § 3.38, infra.  Information is also given on how to correct errors in criminal histories.  See § 10.52(B), infra.