The Santa Clara County District Attorneys Office and judges, in California, are now accepting a plea to accessory after the fact, under Penal Code 32, instead of insisting on a controlled substances conviction, for each DEJ qualifying offense. The court then grants Deferred Entry of Judgment under Penal Code 1000, for offenses qualifying for DEJ (now including accessory after the fact). This protects immigrants from (a) the risk of deportation or inadmissibility for a controlled substances conviction if they flunk DEJ, or (b) before they completed DEJ and obtain the DEJ dismissal that qualifies for Lujan treatment. The accessory conviction is not dismissed when DEJ is completed, although the defendant can seek a Penal Code 1203.4(a) expungement after probation has been completed. Thanks to Beth Chance.

 

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