SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO INFRACTION PETITION FOR DISMISSAL PACKET (Penal Code § 1203.4a) FORMS INCLUDED IN THIS PACKET Petition for Dismissal - General Information (Infraction) Petition for Dismissal - Petition and Order (Infraction) SDSC Form #MO-037 SDSC Form #MO-038 PKT-038 (Rev. 1/14) American LegalNet, Inc. www.FormsWorkFlow.com SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, COUNTY COURTHOUSE, 220 W. BROADWAY, SAN DIEGO, CA 92101 CENTRAL DIVISION, KEARNY MESA, 8950 CLAIREMONT MESA BLVD., SAN DIEGO, CA 92123 EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020 NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081 NORTH COUNTY DIVISION, ANNEX BUILDING, 325 S. MELROSE DR.,VISTA, CA 92081 SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910 PETITION FOR DISMISSAL - GENERAL INFORMATION (INFRACTION) Eligibility Pen. Code § 1203.4a If 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 currently serving a sentence for any offense. Defendant is not currently 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 granted in the interest of justice. An infraction falling within the provisions of Veh. Code § 42001 is not eligible for relief. The case must be an ADJUDICATED MATTER. This means that defendant has entered a plea of guilty, no contest, or a guilty verdict was entered, and defendant was sentenced, or bail was forfeited. The following case dispositions are not eligible for relief: The charge(s) were dismissed upon completion of Pen. Code § 1000 diversion. The case has previously been dismissed. The petition for dismissal must be filed in the court in which the case was initially filed. Court policy requires the filing of the "Petition and Order For Dismissal (Infraction)" (SDSC Form #MO038) for all applications for dismissal. Multiple case numbers for the same defendant must be placed on separate petition(s). 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. Pursuant to Pen. Code § 1203.4a(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 petitioner's responsibility to serve the prosecuting agency with any petitions filed. The information provided in the petition will be verified by a records check. The processing of the petition may take approximately four to eight weeks from the date it is filed. Ineligible Violations Case Status Application Location Form Notice to the Prosecuting Agency Records Check Processing Time Older Records Gov. Code § 68152 allows most infraction case records to be destroyed after three years (two years for Health & Saf. § 11357(b) convictions). The court may not be able to process a petition filed after the case records have been destroyed unless documentation of the appropriate court records can be provided. The following documentation is acceptable: Certified copies of the citation/complaint, conviction, and any clerk's minutes in the case. A Department of Justice abstract of defendant's criminal history, which may be obtained by contacting: Department of Justice Telephone: (916) 227-3832 Records Review Unit Website: http://oag.ca.gov P.O. Box 903417 Sacramento, CA 94203-4170 Granting of A notation will be entered on the record that relief was granted, but granting relief does NOT seal, destroy, or remove any the Petition entries from the court, law enforcement, or Department of Justice records; nor does it relieve the defendant of obligations/consequences related to possession or control of firearms, driver license revocation or holding public office. (See Pen. Code §§ 29800 et seq., 29900(a); Veh. Code § 13555.) SDSC MO-037 (Rev. 1/14) PETITION FOR DISMISSAL - GENERAL INFORMATION (INFRACTION) Pen. Code § 1203.4a American LegalNet, Inc. www.FormsWorkFlow.com ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): (FOR COURT USE ONLY) TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO.(Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, COUNTY COURTHOUSE, 220 W. BROADWAY, SAN DIEGO, CA 92101 CENTRAL DIVISION, KEARNY MESA, 8950 CLAIREMONT MESA BLVD., SAN DIEGO, CA 92123 EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020 NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081 NORTH COUNTY DIVISION, 325 S. MELROSE DR., STE. 350, VISTA, CA 92081 SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910 PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT CASE NUMBER PETITION FOR DISMISSAL ­ PETITION AND ORDER (INFRACTION) PETITION Defendant hereby petitions for dismissal pursuant to Pen. Code § 1203.4a. STATEMENT OF FACTS Defendant's full name: ______________________________________ Date of birth: Defendant's address: _______________________________________________________________________________ Telephone No.: __________________ Driver License No.: _________________ Defendant was convicted on of the following charges: Pronouncement of judgment occurred more than one year ago, on _______________. Defendant is entitled to the relief requested based on the following: Defendant has fully complied with and performed the sentence of the court, is not currently serving a sentence on any offense, 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 (City) (State) by Defendant / Attorney for Defendant Petition must be served on the prosecuting agency. The court will mail the decision within four to eight weeks of filing this petition. Distribution by: ________________________ on ___________________________ to Prosecutor ­ Courtesy Copy Defendant Pre-trial Services ORDER Petition is GRANTED. Date: Judge/Commissioner of the Superior Court