DEFERRED ACTION
PRE-REGISTRATION WORKSHOP
CRIMINAL HISTORY
Volunteer Training for Denver Metro
DACA Registration Drive
DACA Requirements
 In order to qualify for DACA, individuals will have to
prove that they have not been convicted of a felony,
significant misdemeanor, three or more non-significant
misdemeanors, and do not otherwise pose a threat to
national security or public safety.
What is a “Felony”
 A felony is a federal, state or local criminal offense
punishable by imprisonment for a term exceeding one
year (i.e. greater than 365 days);
What is a “Significant Misdemeanor”
 a crime for which the maximum term of imprisonment is
between five days and one year; and one that meets the
following criteria:
 Regardless of the sentence imposed, is an offense of:
 Domestic Violence;
 Sexual abuse or exploitation;
 Burglary;
 Unlawful possession or use of a firearm;
 Drug distribution or trafficking;
 Driving under the influence; or
 If not one of those listed above, is one for which the individual
was sentenced to more than 90 days in custody. This does not
include suspended sentences.
What Is a “Non-Significant Misdemeanor”
 any misdemeanor defined by federal law – one for which
the term of imprisonment authorized is between six
days and one year that meets the following criteria:
 Is not one of the offenses listed above; and
 Is one for which an individual was sentenced to time in
custody of 90 days or less;
JUVENILE ADJUDICATIONS
• Will not automatically disqualify someone – problems if
tried as an adult (then the felony/significant
misdemeanor will come into play);
• Still discretionary;
• Should provide evidence of “rehabilitation” (successful
completion of probation, certificates, etc.);
Minor Traffic Offenses
 Minor traffic offenses, such as driving without a license,
will not be considered a non-significant misdemeanor
that counts toward the “three or more non-significant
misdemeanors” rendering a person unable to receive
consideration for DACA;
 However, an applicant’s entire criminal history will be
considered along with other facts in determining if a
person warrants a positive exercise of discretion;
National Security Threat or Gang
Involvement
Evidence of criminal records
 Part 3 of the DACA application contains specific questions relating
to criminal history in the U.S. or abroad. Therefore, while
applicants will be required to submit their fingerprints, and the
government will conduct its own background checks, applicants
will also be required to provide information on their own relating
to any criminal histories;
 People who have been arrested are required to produce arrest
records, charging documents, evidence of dispositions, etc. to the
government along with their actual application;
 We will likely provide people with information on how to request a
background check from the FBI, as well as how to obtain similar
information from the CBI and CoCourts;
Hypothetical's
Intake Form
• Stress the importance of answering questions on intake
truthfully;
• Answer all the questions, highlight questions do not have
an answer to;
• Ask applicant to keep this document, bring with them to
each station & to the deferred action drive (if they end
up registering);
• Attorneys at the last station will be doing the preliminary
evaluation and registering eligible applicants;