PKT-027 (Rev. 5/19) SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO FELONY PETITION FOR DISMISSAL PACKET (PENAL CODE 247 FORMS INCLUDED IN THIS PACKET - General Information (Felony) SDSC Form #CRM - 203 Petition for Dismissal - Petition (Felony/Misdemeanor) SDSC Form #CRM - 204 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-203 (Rev. 5/19) PETITION FOR DISMISSAL - GENERAL INFORMATION Pen. Code 247 1203.4 (FELONY 226 PEN. CODE 247 1203.4) SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRA L DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST. , SAN DIEGO, CA 92101 EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020 NORTH COUN TY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081 SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910 PETITION FOR DISMISSAL - GENERAL INFORMATION (FELONY 226 PEN. CODE 247 1203.4) Eligibility Pen. Code 247 1203.4 If probation was gran ted , defendant may be eligible for relief if all of the following are met : Defendant is not now serving a sentence for any offense. Defendant is not now on probation for any offense. Defendant is not now charged with committing any offense. Defendant has fulfilled the conditions of probation for the entire period of probation, OR defendant has been discharged prior to the termination of probation, OR relief should be granted in the interest of justice. Ineligible Violations Convictions for viol ating Pen. Code 247247 261.5(d), 286(c), 288, 287(c) or former 288a , 288.5, 289(j ) , 311.1, 311.2, 311.3, or 311.11 are ineligible for relief. If the defendant was charged with any offense described in Veh. Code 247 12810 (a)-(e), relief is discretionary with the court. 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 defenda nt was sentenced. The following case dispositions are not eligible for relief: The charge(s) were dismissed upon completion of Pen. Code 247 1000 diversion. Bail was forfeited and a plea was never entered. The case has previously been dismissed. State prison was imposed. Application Location The petition for dismissal must b e filed in the court in which the matter was adjudicated. Form Court policy requires the filing of the 223Petition for Dismissal (Felony/Misdemeanor)224 (SDSC Form #CRM-204) for all applications for dismissal. Multiple case numbers for the same defendant must be placed on separate petition (s). Court Costs The defendant may be required to reimburse the c ourt $120 .00 through the Department of Revenue and Recovery for the costs incurred in processing each petition. Those who will be asking the court to waive costs based on inability to pay, must fill out a Financial Declaration (SDSC Form #ADM-227) and present it to the court at the time the petition is filed. The Financial Declaration form will be kept confidential. Supporting Documents If the petition is based on the interest of justice, a declaration stating the reasons why dismissal is appropriate must be attached to the Petition. Notice to the Prosecuting Agency Pursuant to P en. C ode 247 1203.4(d), the appropriate prosecuting agency must be given 15 calendar days222 notice of the filing of the petition to allow time for the filing of an optional objection to the petition. It is the defendant 222s responsibility to serve the prosecuting agency with any petitions filed. Records Check The information pr ovided 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 fi led. Certificate 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 obtaine d 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, contr acting with the California State Lottery Commission or the duty to register per Pen. Code 247 290 et seq. (See Pen. Code 247 247 290.007, 1203.4(a); Veh. Code 247 13555 .) American LegalNet, Inc. www.FormsWorkFlow.com SDSC CRM-204 (Rev. 1/14)PETITION FOR DISMISSAL 226 PETITION Pen. Code 247247 1203.4 &1203.4a (FELONY/MISDEMEANOR - PC 1203.4 OR 1203.4a) 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/MISDEMEANOR - PC 1203.4 OR 1203.4a) CITY/DISTRICT ATTORNEY NUMBER Defendant222s date of birth: Defendant was convicted on of the following felony misdemeanor charges: . Defendant requests reduction of the applicable felony charge(s) to misdemeanor(s) per Pen. Code 247 17 (separate moving papers are attached). Petition for relief per Pen. Code 247 1203.4: Defendant is entitled to the relief requested based on the following: Probation was granted and has expired or been terminated (ending on ); defendant is not now serving a sentence on any offense, is not on probation for any offense, and is not now charged with committing any offense; and: defendant has fulfilled the conditions of probation for the entire period of probation; or defendant has been discharged prior to termination of probation; or relief should be granted in the interest of justice (declaration stating reasons attached). Petition for relief per Pen. Code 247 1203.4a: Defendant is entitled to the relief requested based on the following: Defendant was convicted of a misdemeanor and probation was not granted; more than one year has lapsed since the pronouncement of judgment; defendant has fully complied with and performed the sentence of the court, is not currently serving a sentence on any offense, and is not currently charged with committing any offense; and since the pronouncement of judgment, defendant has lived an honest and upright life and has conformed to and obeyed the laws of the land; or relief should be granted in the interest of justice (declaration stating reasons attached). 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 Revised09/05/20131 StateofCaliforniaOfficeofGovernorEdmundG.BrownJr.HowtoApplyforaPardonIndividualswhohavebeenconvictedofacrimeinCaliforniamayapplytotheGovernorforapardon.Agubernatorialpardonisanhonorthatmaybegrantedtopeoplewhohavedemonstratedexemplarybehaviorfollowingtheirc