PKT-039 (Rev. 5/19) SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO FELONY PETITION FOR DISMISSAL PACKET (PENAL CODE 247 1203.41) FORMS INCLUDED IN THIS PACKET Petition for Dismissal - General Information (Felony 226 PC1203.41 ) SDSC Form #CRM - 264 Petition fo r Dismissal - Petition (Felony 226 PC1203.41 ) SDSC Form #CRM - General Information - Petitions for Certificate of Rehabilitation SDSC Form #CRM - 208 General Information - Application for a Pardon SDSC Form #CRM - 209 American LegalNet, Inc. www.FormsWorkFlow.com SDSC CRM-264 (New 1/14) PETITION FOR DISMISSAL - GENERAL INFORMATION Pen. Code 247 1203.41 (FELONY - PC 1203.41) SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST. , SAN DIEGO, CA 92101 EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020 NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081 SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910 PETITION FOR DISMISSAL - GENERAL INFORMATION (FELONY - PC 1203.41) Eligibility Pen. Code 247 1203.41 If defendant was sentenced pursuant to Pen. Code 247 1170(h)(5), the court may, in its discretion and in the interest of justice, grant relief if: Two years has lapsed since completion of a sentence imposed pursuant to Pen. Code 247 1170(h)(5)(A); OR one year has lapsed since completion of a sentence imposed pursuant to Pen. Code 247 1170(h)(5)(B). Defendant is not currently under supervision pursuant to Pen. Code 247 1170(h)(5)(B). Defendant is not currently serving a sentence for, on probation for, or charged with the commission of any offense. Ineligib ility A defendant is ineligible for relief under Pen. Code 247 1203.41 if probation was granted or state prison was imposed. Case Status The case must be an ADJUDICATED MATTER. This means that defendant has either entered a plea of guilty or no contest, or a guilty verdict was entered, and defendant was sentenced. The following case dispositions are not eligible for relief: The charge(s) were dismissed upon completion of Pen. Code 247 1000 diversion. The case has previously been dismissed. Application Location The petition for dismissal must be filed in the court in which the matter was adjudicated. Form Court polic y requires the filing of the 223Petition For Dismissal (Pen. Code 247 1203.41)224 (SDSC Form #CRM-265) for all applications for dismissal. Multiple case numbers for the same defendant must be placed on separate petition(s). Supporting Documents Any d ocument s in support of the petition showing why the court should grant relief in the interest of justice must be submitted with the petition. Notice to the Prosecuting Agency Pursuant to Pen. Code 247 1203.4 1 ( e ), the prosecuting agency must be given 15 calendar days notice of the filing of the petition to allow time for the filing of an optional objection to the petition. It is the defendant222s responsibility to serve the prosecuting agency with any petitions filed. Records Check The information provided in the petition will be verified by a records check. Processing Time The processing of the petition may take approximately four to eight weeks from the date it is filed. The hearing date and time will be set by the clerk when the petition is filed. C ertificate of Rehabilitation and Pardon If the court grants a petition for dismissal, the defendant may be eligible for a Certificate of Rehabilitation pursuant to Pen. Code 247 4852 et seq. An information packet (SDSC Form #PKT-016) may be obtained from the court or found at www.sdcourt.ca.gov . Granting of the Petition A notation will be entered on the record that relief was granted , but granting relief does NOT seal, destroy, or remove any entries from the court, law enforcement, or Department of Justice records; nor does it relieve the defendant of obligations/consequences related to possession/control of firearms, driver license revocation, questionnaire/application for or holding public office, state or local licensure, contracting with the California State Lottery Commission or the duty to provide specimens, samples, or print impressions required by DNA and Forensic Identification Database and Data Bank Act. (Pen. Code 247 299(f), 1203.41(b); Veh. Code 247 13555.) American LegalNet, Inc. www.FormsWorkFlow.com SDSC CRM-265 (New 1/14) PETITION FOR DISMISSAL - PETITION Pen. Code 247 1203.41 (FELONY - PC 1203.41) ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: FAX NO.(Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): (FOR COURT USE ONLY) SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101 EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020 NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081 SOUTH COUNTY DIVISION , 500 3RD AVE., CHULA VISTA, CA 91910 PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT SUPERIOR COURT CASE NUMBER PETITION FOR DISMISSAL - PETITION (FELONY - PC 1203.41) CITY/DISTRICT ATTORNEY NUMBER Defendant222s date of birth: Defendant was convicted on of the following felony charges: . Defendant is not currently serving a sentence for, on probation for, or charged with the commission of any offense; and defendant was sentenced pursuant to: Pen. Code 247 1170(h)(5)(A) and two years has lapsed since completion of the sentence; or Pen. Code 247 1170(h)(5)(B), is no longer under mandatory supervision, and one year has lapsed since completion of the sentence. Relief should be granted in the interest of justice based on the following (if more room is necessary, please attach a supplemental declaration): I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: at by (City) (State) Petitioner / Attorney for Petitioner Petition filed must be served on the prosecuting agency. If the court grants the relief herein requested, defendant may have the right to petition for a Certificate of Rehabilitation and Pardon pursuant to Pen. Code 247 4852 et. seq. An information packet (SDSC #PKT-016) regarding this may be obtained from the court or found at www.sdcourt.ca.gov . NOTICE OF HEARING Defendant222s petition will be heard on at in Dept. . Clerk of the Superior Court Date: by , Deputy Distribution by: on to Prosecutor 226 Courtesy Copy Defendant Probation Pre-trial Services American LegalNet, Inc. www.FormsWorkFlow.com SDSC CRM-208 (Rev. 5/19) GENERAL INFORMATION 226 PETITIONS FOR CERTIFICATE OF REHABILITATION Pen. Code 247 4852.01 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101 EAST COU NTY DIVISION, 250 E. MAIN ST. EL CAJON, CA 92020 NORTH COUNT Y DIVISION, 325 S. MELROSE DR., VISTA, CA 92081 SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910 GENERAL INFORMATION 226 PETITIONS FOR CERTIFICATE OF REHABILITATION The granting of a Certificate of Rehabilitation restor es to the applicant some of the rights of citizenship which were forfeited as a result of a conviction. Defendants convicted of a felony, or a misdemeanor sex offense specified in Pen. Code 247 290, and who were granted probation, must obtain relief pursuant to Pen. Code 247 1203.4 before a Certificate of Rehabilitation may be granted. Purpose Does Relieve specified sex offenders of further duty to register (Pen. Code 247 290.5 (a)). Enhance a person222s potential for becoming licensed by state boards (Pen. Code 247 4853). Serve as an official document to demonstrate a person222s rehabilitation, which could enhance employment possibilities. Serve as an automatic recommendation and application to the Governor for a pardon. Does not Erase the felony conviction or seal the criminal record (Pen. Code 247 4852.17). Prevent the offense from being considered as a prior conviction if the person is later convicted of a new offense. Allow a person to answer on employment applications that he/she has no record of conviction. Restore the right to vote (this right is automatically restored after the person is no longer imprisoned or on parole). Eligibility Criteria A person is eligible to apply for a Certificate of Reh