PKT-026 (Rev. 5/19) SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO MISDEMEANOR FORMS INCLUDED IN THIS PACKET Petition for Dismissal - General Information (Misdemeanor) SDSC Form #CRM - 20 2 Pe tition for Dismissal - Petition (Felony/Misdemeanor) SDSC Form #CRM - 204 SDSC CRM-202 (Rev. 5/19) PETITION FOR DISMISSAL - GENERAL INFORMATION Pen. Code 247247 1203.4 & 1203.4a (MISDEMEANOR- PEN. CODE 247247 1203.4 OR 1203.4a) 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 COUNT Y DIVISION, 325 S. MELROSE DR., VISTA, CA 92081 SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910 PETITION FOR DISMISSAL - GENERAL INFORMATION (MISDEMEANOR 226 PEN. CODE 247247 1203.4 OR 1203.4a) Eligibility Pen. Code 247 1203.4 If prob ation was granted , 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. Pen. Code 247 1203.4a I f probation was not granted , and more than one year has elapsed since the date of sentencing, defendant may be eligible for relief if all of the following are met: Defendant has fully complied with and performed the sentence of the court. Defendant is not now serving a sentence for any offense. Defendant is not now charged with committing any offense. Since the pronouncement of judgment, defendant has lived an honest and upright life and has conformed to laws of the land , OR relief should be g ranted in the interest of justice . Ineligible Violations Defendants may be ineligible for relief if convicted of violating Pen. Code 247247 286(c), 288, 287(c) or former 288a , 288.5, 289(j), 311.1, 311.2, 311.3, 311.11, or an offense within the provisions of Veh. Code 247 42002.1. If the defendant was charged with an offense described in Veh. Code 24712810(a)-(e), relief under Pen. Code 247 1203.4 is discretionary with the court. Case Status The case must be an ADJUDICATED MATTER. This means that defendant ha s 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. Bail was forfeited and a plea was never entered. 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 policy requires the filing of the 223Petit i on 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 court $60.00 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 at the time the petition is filed. The Financial Declaration f orm 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 Pursua nt to Pen. Code 247 1203.4(d), the appropriate 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. Certificate of Rehabilitation 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 co urt or found at www.sdcourt.ca.gov . Older Records Since Gov. Code 247 68152 allows that some court records be destroyed after five years, the court may not be able to process a petition filed more than five years after a case has been adjudicated, unless documentation of the appropriate court records can be provided. The following documentation is acceptable: Certified copies of the complaint, conviction, and clerk222s minutes in the case. A Department of Justice abstract of defendant222s criminal history, which may be obtained by contacting: Department of Justice, Records Review Unit Telephone: (916) 227-3832 P.O. Box 903417 Website: http://caag.state.ca.us Sacramento, CA 94203-4170 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 revocatio n or holding public office. If relief is granted per Pen. Code 247 1203.4, it also does not relieve defendant of obligations/consequences related to a question naire/application for public office, state or local licensure, contracting with the California State Lottery Commission or the duty to register per Pen. Code 247 290 et seq. (See Pen. Code 247247 290.007, 1203.4, 1203.4a, 29900; 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): EMAIL 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