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Before we start:

You’ll be working in pairs

You’ll be assigned a breakout room with your partner�

Have your laptops ready to use�
Open these links:�

Confidentiality Agreement
Volunteer Portal

Login: kirkland@accessprojectca.org
Password: RSN_Spring_#25#

Volunteer Q&A Page

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110323

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Partnership with Legal Services Organizations

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WHAT CLIENTS ARE SAYING

“It’s a really proud moment for me. I have worked on growing in every aspect of my life to be able to say that I’m not the person I used to be. With the help of The Access Project team I am able to shed this skin and spread my wings! Thank you very much.”

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CLEAN SLATE PROCESS: THREE STEPS

Step 1

Step 3

1. Review client RAP sheet and determine available remedies

2. Prepare Judicial Council motion forms

2. Submit motion packet (petition, supporting declaration, fee waiver, proposed order) to court

3. Court grants or denies motion.

Step 2

2. For discretionary remedies (“in the interest of justice”): interview client and prepare declaration

Applying for clean slate is just like any other motion. You file a motion with the Court that asks for relief and provides evidence supporting your relief.

The way we do this is by:

Reviewing client RAP sheets
Preparing Judicial Council motion forms (forms for repetitive motions that the courts see every day—templates produced by State Judicial Council)

The analysis you do will be used to automatically fill these forms

For clients who are applying for discretionary relief, or relief “in the interest of justice,” we will interview the client and prepare their declaration for them
Finally, we submit the complete packet to the court. Clients generally file “in pro per” because we can’t be all over the state, but sometimes we can have volunteers represent the client at the hearing as well, so if you are interested in that, we can discuss after the workshop.
Of course, the court grants or denies this motion and, once that’s done, the person’s record is changed at the Department of Justice, and if somebody does a background check on them in general, that conviction will not show up.
You are going to be helping us with step 2-.focusing primarily on client advocacy by taking client interviews, drafting declarations, completing fee waivers, and gathering letters of support and other supporting documentation such as certificates, degrees, and other recommendations

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Declarations

Step 1

Step 3

1. Review client RAP sheet and determine available remedies

2. Prepare Judicial Council motion forms

2. Submit motion packet (petition, supporting declaration, fee waiver, proposed order) to court

3. Court grants or denies motion.

Step 2

2. For discretionary remedies (“in the interest of justice”): interview client and prepare declaration

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Declarations

Step 1

Step 3

1. Review client RAP sheet and determine available remedies

2. Prepare Judicial Council motion forms

2. Submit motion packet (petition, supporting declaration, fee waiver, proposed order) to court

3. Court grants or denies motion.

Step 2

2. For discretionary remedies (“in the interest of justice”): interview client and prepare declaration

Applying for clean slate is just like any other motion. You file a motion with the Court that asks for relief and provides evidence supporting your relief.

The way we do this is by:

Reviewing client RAP sheets
Preparing Judicial Council motion forms (forms for repetitive motions that the courts see every day—templates produced by State Judicial Council)

The analysis you do will be used to automatically fill these forms

For clients who are applying for discretionary relief, or relief “in the interest of justice,” we will interview the client and prepare their declaration for them
Finally, we submit the complete packet to the court. Clients generally file “in pro per” because we can’t be all over the state, but sometimes we can have volunteers represent the client at the hearing as well, so if you are interested in that, we can discuss after the workshop.
Of course, the court grants or denies this motion and, once that’s done, the person’s record is changed at the Department of Justice, and if somebody does a background check on them in general, that conviction will not show up.

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Declarations

Step 1

Step 3

1. Review client RAP sheet and determine available remedies

2. Prepare Judicial Council motion forms

2. Submit motion packet (petition, supporting declaration, fee waiver, proposed order) to court

3. Court grants or denies motion.

Step 2

2. For discretionary remedies (“in the interest of justice”): interview client and prepare declaration

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NUTS AND BOLTS: CRIMINAL STATUTES

Felony: incarceration of more than 365 days is a possible sentence

probation is always an option

Misdemeanor: MAXIMUM sentence is 365 days

Probation is always an option
Prison is NEVER an option
Probation can be terminated, but never revoked

Wobbler: prosecutor has the option to file as a felony or a misdemeanor

Can be reduced to a misdemeanor if no prison or felony jail time is served.

Infraction: minor crime for which only fine can be imposed

No probation

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NUTS AND BOLTS: PUNISHMENTS

Prison

For felonies only
Can be the initial sentence or be imposed after a probation violation

Jail

Can be part of a felony or misdemeanor probation sentence

e.g. “3 years probation plus 30 days jail”

Felony Jail

Created by Realignment
Only happens after 10/2011
Can be the initial sentence or be imposed after a probation violation
Always more than 365 days!!
Sometimes listed as “1170(h) sentencing

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Nuts and Bolts: Some Definitions

Most common criminal codes:

Penal/ PEN/ PC

Vehicle/ VEH/ VC�
Health & Safety/ HS/ HSC�
Business & Professions/ BP/ BPC�
Welfare & Institutions/ WI/ WIC

Parentheses and decimals matter!

These are all DIFFERENT crimes:

VEH 14601

– VEH 14601(a)

VEH 14601.1

VEH 14601a

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PARTS OF A RAP ENTRY

Asterisks define a case.

Arrest info comes first

Conviction info starts with “court”

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WHAT YOU’RE LOOKING FOR

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WHAT YOU’RE LOOKING FOR

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TIPS: ALREADY REDUCED

Conviction Status: Felony

Reduced to Misdemeanor

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TIPS: MULTIPLE COUNTS WITH SINGLE SENTENCE/ MIXED COUNTS

CONVICTIONS WITH NO SENTENCE: SENTENCE AT BOTTOM APPLIES TO ALL.

MISDEMEANOR CONVICTION IN PRISON CASE

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TIPS: CUSTODY NOTES

Case number

Conviction

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TIPS: ALREADY DISMISSED

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USING THE PORTAL

Log in: https://beta.accessprojectca.org/Volunteer-Portal

Login: kirkland@accessprojectca.org

Password: RSN_Spring_#25#

�https://accessprojectca.org/rsn/vol-faq/