Stanislaus — Expungement packet

Source: https://www.stanislaus.courts.ca.gov/system/files/forms-and-filings/expungement-packet.pdf

Sparse pages use OCR; original PDF remains authoritative.

www.stanislaus.courts.ca.gov (209) 530-3100 Street Address: 800 11th Street Modesto, CA 95353 Mailing Address: P.O. Box 1098 Modesto, CA 95353 Self Help Center: 800 11* Street Room #220 Modesto, CA 95353 (PROVIDING ASSISTANCE TO PARTIES REPRESENTING THEMSELVES) PETITION FOR RELIEF PACKET Instructions:

1. You can purchase copies of the following documents to assist you in completing this packet from your court file in the Criminal Clerk's office, (Room 140): e Criminal Complaint e Sentencing Minute Order e Probation Terms, (if applicable)
2. Complete the forms using BLUE or BLACK ink and please make sure it’s legible.
3. Once all of the paperwork is completed, you will need to provide an original and three copies to the Criminal Clerk’s office at 800 — 11‘ Street, Room 140, Modesto, California for filing. The clerk’s office will provide you with a hearing date.
4. The proof of service must be completed by a person over the age of 18 and not a party to this action. All documents must be served on the District Attorney and the Probation Department. = Stanislaus County District Attorney 832 12" Street, Suite 300 Modesto, CA 95354 = Stanislaus County Chief Probation Officer 801 11™ Street, Suite B100 Modesto, CA 95354 Note: You can access further information at http://www.courts.ca.gov/1070.htm Material distributed by Superior Court IS INTENDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. Such material is NOT LEGAL ADVICE and is not intended to be legal advice as to your specific case. IT IS NOT INTENDED TO TAKE THE PLACE OF LEGAL ADVICE FROM AN ATTORNEY. You are strongly urged to seek the advice of a licensed attorney before starting or completing your case in order to protect valuable legal rights that you may have, of which you may be unaware of, Please contact an attorney of your choice or contact the LAWYERS REFERRAL SERVICE of the Stanislaus County Bar Association at: (209) 571-5727 for a referral. The Clerk’s Office cannot give you legal advice. Revised 1.1.24

What is an expungement? An expungement reopens your criminal case, dismisses and sets aside the conviction, and re-closes the case without a conviction. In effect, you are no longer a convicted person. However, the case record itself will still exist, and the expungement will appear on your record. Why would you want an expungement? It can be difficult to get a job with a conviction on your record. Many employers must carry insurance on their employees, and insurance companies often refuse to insure employees with convictions. What types of expungement exist? There are three types of expungement:

1. The first, governed by Penal Code 1203.4, will expunge cases in which probation was part of the sentence.
2. The second, under Penal Code 1203.4(a), will expunge cases in which there was no probation
3. The third, under Penal Code 17, will reduce a felony conviction to a misdemeanor. This misdemeanor can then be dismissed. If you received state prison as your sentence, you will need to file paperwork for a Certificate of Rehabilitation, rather than a Petition and Order for Dismissal. Once my conviction is expunged, can | answer “No” to questions about convictions on job applications? Legally, you may answer “No” to these types of questions. Keep in mind, though, that background checks typically go back 10 years, and employers can see that you had a conviction dismissed. Answering “No” may look dishonest. A better response may be “Yes, expungement granted.” If you are applying for a government job, a job that requires security clearance, or a job that requires a government-issued license, certificate or permit, the conviction will be discovered during the standard background check. You should disclose the conviction and expungement in these situations. If you are applying for a government-issued license, certificate, or permit, you must disclose your conviction and expungement. How does an expungement affect strikes or other sanctions? Although your conviction may be dismissed, the sanctions such as firearms prohibitions, exclusions from jury duty, or strikes, cannot be dismissed. These remain intact for life. An expungement does not:

• Remove the conviction from your criminal history. California and FBI criminal history records will still show the conviction and the subsequent dismissal.

• Reinstate your right to possess firearms.
• — Allow you to omit the conviction from applications for government-issued licenses.

• Seal the court case file from public inspection. The court file remains public record
• Prevent the conviction from being used as a prior for sentencing enhancements in subsequent convictions.

• Prevent the conviction from being used to impeach your testimony if you are called as a witness in court
• Prevent the conviction from being used to refuse or revoke a government license or permit, such as real estate license, teaching credential, security guard certificate, etc.
• Prevent the conviction from being used by US Citizenship and Naturalization Services for removal or exclusion purposes Dismissals If you were convicted of a misdemeanor or a felony and were not sentenced to state prison or under the authority of the Department of Corrections and Rehabilitation you can petition for a dismissal. This means you were given county jail time, probation, a fine, or a combination of those three. If you are petitioning for a dismissal, the court upon proper motion, may withdraw your guilty or nolo contendere (no contest) plea, or verdict of guilty if you went to trial, and enter a not guilty plea Then the court will set aside and dismiss the conviction. From that point forward, you are considered no longer convicted of the offense. Your record will be changed to show a dismissal rather than a conviction. Are You Eligible for a Dismissal? You are eligible for dismissal of a conviction, and the court will dismiss your conviction, if: e You received probation for that conviction and:

1. You successfully completed probation or obtained early release, You also have paid all the fines, restitution, and reimbursements ordered by the court as part of your sentence, You are not currently serving another sentence or on probation for another offense, AND 4 You are not currently charged with another offense wo

e You never received probation and: Your conviction was a misdemeanor, It has been at least one year since the date you were convicted, You have complied fully with the sentence of the court, You are not currently serving another sentence, You are not currently charged with another offense, AND You have obeyed the law and lived an honest and upright life since the time of your conviction. You are eligible for a dismissal and the court has the discretion (choice) to grant you that dismissal if: e You received probation but you did not get an early release, did not fulfill all the conditions of probation, or were convicted of any offense listed in Vehicle Code 12810(a) to (e) BUT: 4. You have paid all the fines, restitution, and reimbursements ordered by the court as part of your sentence, AND 2. You are not currently charged with, on probation for, or serving a sentence on any other offense. e It's up to the court to decide if your conviction should be dismissed, so make sure to give as much helpful information as possible to convince the court that granting you a dismissal is in the interests of justice. 9 (Or xGdaNOs => Some Convictions are Not Eligible for Dismissal If you were convicted of any of the following offenses you are not eligible for a dismissal under Penal code section 1203.4(a): e Any misdemeanor within the provisions of Vehicle Code section 42001(b). e Any violation of Penal Code section 286(c), 288, 288a(c), 288.5, or 289(j). e A felony under Penal Code section 261.5(d). e Any infraction. Diversion If you were referred to a diversion program, your record will already be changed in one of two ways. If you successfully completed the entire diversion program requirements, your record should already be changed to show a dismissal. If you didn't complete your requirements or were not actually given diversion, then the conviction will be on your record. Marijuana Possession Offenses If you were convicted of possession of marijuana for personal use then you do not necessarily need to get a dismissal for the offense. Under California Health and Safety Code Sections 11361.5 and 11361.7 all possession of marijuana for personal use convictions, after January 1, 1976, are erased from your record after two years. The conviction cannot be for cultivation, sales or transportation. If it is, it will be on your record. Juvenile Records Your Juvenile records do appear on your criminal record. Upon your 18” birthday, you are eligible to petition to have your juvenile records sealed. Once sealed, no one can gain access to them and they will be completely destroyed five years from the date of sealing. Juvenile records are not automatically sealed upon your 18” birthday. You must affirmatively petition the juvenile court to have them sealed If you graduated from the Department of Corrections and Rehabilitation, Division of Juvenile Justice , your juvenile conviction(s) will have been dismissed as part of your graduation. If you do not petition to have your juvenile records sealed and destroyed, they will remain on your record until your 38" birthday, then they will be destroyed. Certificate of Rehabilitation If you were sentenced to state prison or sentenced under the authority of the Department of Corrections and Rehabilitation you are not eligible for a dismissal under Penal Code Section 1203.4 or 1203.4a You may, however, be eligible for a Certificate of Rehabilitation. For eligibility and application requirements contact the Board of Parole Hearings, Post Office Box 4036, Sacramento, CA 95812-4036. How do | get started? In order to begin cleaning up your criminal record, you first need to know what is on your criminal record. The court will require you to fill out forms. Whether you are requesting a dismissal or a Certificate of Rehabilitation, you will need to know the details of your convictions(s) in order to complete the forms. Also, certain details will affect whether you are eligible. There are several details you will need to know in order to accomplish your goals:

1. Your Case Number(s) [Sometimes called docket number. ]
2. Your Date(s) of Conviction(s) [The date of your plea or verdict.]
3. The Code Name(s) and Section Number(s) you were convicted of violating

4. Was there a'"Verdict" or did you Enter 5 1 1 1 1 9 691 183 12 14 96.970871 a 5 1 1 1 1 10 714 178 74 19 95.880531 Plea? If you entered a Plea, was it Guilty or Nolo 5 1 1 1 1 21 1330 178 144 19 45.913399 Contendere” 5 1 1 1 1 22 1484 177 39 24 96.719017 (No 4 1 1 1 2 0 228 209 112 25 -1 5 1 1 1 2 1 228 209 112 25 96.208443 Contest)? 3 1 1 2 0 0 227 238 1307 56 -1 4 1 1 2 1 0 227 238 1307 26 -1 5 1 1 2 1 1 227 240 62 19 96.652382 Were 5 1 1 2 1 2 299 245 39 19 96.828209 you 5 1 1 2 1 3 349 240 89 19 96.373512 ordered 5 1 1 2 1 4 446 241 21 18 96.897095 to 5 1 1 2 1 5 477 245 62 14 96.510445 serve 5 1 1 2 1 6 549 245 41 19 96.016800 any 5 1 1 2 1 7 599 239 49 20 96.659714 time 5 1 1 2 1 8 657 244 27 14 96.514740 on 5 1 1 2 1 9 694 239 144 19 68.915672 Probation"? If so, how long? [Formal and informal probation are treated the same.] Were you ordered to pay any Fines, Restitution, or Reimbursement? If you were sentenced to state prison, which one? If you were sentenced to state prison, what dates were you released? If you were released on Parole, what date did your parole end? a COND Where do! find my criminal records information? Your criminal records information can be obtained from a variety of sources. Below is a list of the sources most commonly used:
5. Your court papers received at the time of conviction.
6. Your attorney, parole officer, probation officer, or contacts within the courts or law enforcement community,
7. The Superior Court where you were convicted. They will only have information for convictions from that county and not other counties. You will need to make a copy of your order(s) of judgment.
8. The California State Department of Justice, Criminal Records Division. They will have your criminal records information for the entire State of California. They are located at 4949 Broadway, First Floor Fingerprinting Office, Sacramento, California. Their phone number is (916) 227-3400. There is a fee, but you may be eligible for a fee waiver. You must provide written proof of your income. It may take several weeks for the record to arrive in the mail. What paperwork do I need to file? There are three forms you will need to complete and file to expunge your conviction: Judicial Council forms found at www.courts.ca.gov/forms.htm : e Petition for Dismissal (CR-180) e Order for Dismissal (CR-181) Additional forms found the Courts website at www.stanislaus.courts.ca.gov under the criminal forms tab: e Criminal Proceeding Notice of Hearing (CR-001) ¢ Proof of Service (CR-106) Can | attach letters explaining my situation or my improved life? It is often a good idea to attach a declaration stating why you want the expungement and explaining your situation in life. In this declaration, you may want to discuss:

• Your plans for the future

• The reasons you offended, and how your life is different today than it was when you offended.

• How the conviction has hurt your employment chances If you have received any training or education Any occurrence in your life that changed how you interact with your community

• Any 12-step or religious affiliations you have
• All declarations submitted to the court must be true and accurate. Declarations are one page long, and may be typed or handwritten.
• Letters from employers, clergy, or other community members can be convincing, but should not be attached to your petition. You may provide these to the judge at your hearing What is a Proof of Service, and how is it used in an expungement case? After you complete your Petition and Order for Dismissal forms, you will file them with the court. The court will give you file marked copies of your papers, which must be served on the District Attorney and the Probation Department (if probation was included in your sentence) at Jeast 15 days (plus 5, if by mail) prior to the hearing. “Serving” merely means delivering a copy of the documents to these agencies. Service can be by personal delivery or by mail and must be done by someone over 18 years old AND CANNOT BE YOU. The person who serves the documents, then completes, dates and signs the Proof of Service. You will then file it in to the court. The Proof of Service tells the courts the specifics of how and when the DA and Probation Department were served. Where do | file my expungement forms? You will need to file your petition in the Superior Court for the county where you were convicted. In Stanislaus County the Criminal Clerks Office is located inside the main courthouse at 800 -11"" Street, Room 140, Modesto, California Can | expunge multiple convictions at the same time? Yes, you can file several petitions for expungement simultaneously. You will need to file a separate Petitions and Orders for each conviction.

What if | have changed my name since my conviction? Fill out the forms with the name under which you were convicted. Sign the forms with your current name. What happens if the court denies my expungement? If you attend the hearing, you may ask the judge what you can do to get your conviction expunged. You may re-file your petition for expungement in 3-6 months, after you’ve made the changes recommended by the judge. What happens if | am arrested while trying to get a previous conviction expunged? You cannot apply for expungement if you have any ongoing criminal proceeding, or are on probation for any criminal offense. If you are arrested after you apply for expungement, your petition will be denied. How long will the expungement process take? It will take anywhere from 3 weeks to 2 months, depending on how busy the court’s calendar is Instructions: 1) Get a copy of the following from the Clerk’s office to help complete the forms: a) Criminal Complaint b) Sentencing Minute Order c) Probation Terms (if applicable) Fill out the forms using the sample instruction that follow. Be sure to print neatly using BLUE or BLACK ink. Visit the Criminal Clerk’s Office to reserve a hearing date and time, then write it in on the Notice of Hearing — Criminal Proceeding. Have the person you have chosen to serve the documents complete the Proof of Service, and date, print and sign it. Make 3 copies of all the documents and have the SERVER put a copy in the mail to the District Attorney and the Probation Dept. File the original and remaining copy with the Criminal Clerk's office at 800 — 11" Street, Room 140, Modesto, California.

CR-180 NAME FIRM NAME: STREET ADDRESS: CITY: STATE: TELEPHONE NO FAX NO EMAIL ADDRESS: ATTORNEY FOR (name): ATTORNEY OR PARTY WTHOUT ATTORNEY STATE BAR NUMBER ZIP CODE SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE FOR COURT USE ONLY PEOPLE OF THE STATE OF CALIFORNIA Vv. DEFENDANT: CASE NUMBER PETITION FOR DISMISSAL (Pen. Code, §§ 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.41, 1203.42, 1203.43, 1203.49)| TIME: DEPARTMENT DATE: FOR COURT USE ONLY Note to petitioner: Your conviction may have already been automatically dismissed by the California Department of Justice (DOJ) under Penal Code section 1203.425. If so, this petition may be unnecessary—but there may be additional benefits to filing it with the court, including felony reduction under Penal Code section 17(b). If you want to know if your conviction has already been dismissed, you can request your Record of Arrest and Prosecution (RAP) sheet from the DOJ, but this is not required.

1. On (date): , the petitioner (the defendant in the above-entitled criminal action) was convicted of a violation of the Eligible for reduction to following offenses or was granted deferred entry of judgment for the following offenses: Code Section Type of offense (felony, (Penal, misdemeanor, or infraction) Vehicle, etc.) misdemeanor under Penal Code, § 17(b) (yes or no) Eligible for reduction to infraction under Penal Code, § 17(d)(2) (yes or no) If additional space is needed for listing offenses, use Attachment to Judicial Council Form (form MC-025) 2 [] Felony or misdemeanor with probation granted (Pen. Code, § 1203.4) Probation was granted on the terms and conditions stated in the docket of the above-entitled court; the petitioner is not serving a sentence for any offense, on probation for any offense, or currently charged with committing any crime, and the petitioner (check all that apply) a [__] has fulfilled the conditions of probation for the entire period thereof b. [] has been discharged from probation prior to the termination of the period thereof c [__] should be granted relief in the interests of justice. (Please note’ You may explain why granting a dismissal would be in the interests of justice. You can provide that information by writing in the space below, or by attaching a letter or other relevant documents. If you need more space for your writing you can use Attachment (form MC-025) or Attached Declaration (form MC-031) (which is signed under penalty of perjury) and attach it to this petition )

Form Approved for Optional Use PETITION FOR DISMISSAL | Judicia! Council of California CR-180 [Rev January 1 2024] Penal Code §§ 17(b) 17(d)(2) 1203.4 1203 4a 4203 44 120342 1203 43 and 1203 49 www Courts ca gov

CR-180 PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT CASE NUMBER 3. [] Misdemeanor or infraction with sentence other than probation (Pen. Code, § 1203.4a) Probation was not granted; more than one year has elapsed since judgment was pronounced. Petitioner has complied with the sentence of the court and is not serving a sentence for any offense or currently charged with committing any crime; and the petitioner (check one) a, [] has lived an honest and upright life since pronouncement of judgment and conformed to and obeyed the laws of the land; or b. [] should be granted relief in the interests of justice. (Please note: You may explain why granting a dismissal would be in the interests of justice. You can provide that information by writing in the space below or by attaching a letter or other relevant documents. If you need more space for your writing, you can use Attachment (form MC-025) or Attached Declaration (form MC-031) (which is signed under penalty of perjury) and attach it to this petition.) 4. [] Misdemeanor conviction under Penal Code section 647(b) (Pen. Code, § 1203.49) Petitioner has completed a term of probation for a conviction under Penal Code section 647(b) and should be granted relief because the conviction was the result of petitioner's status as a victim of human trafficking. (Please provide evidence that the conviction was the result of your status as a victim of human trafficking. You can provide that information by writing in the space below or by attaching a letter or other relevant documents. If you need more space for your writing, you can use Attachment (form MC-025) or Attached Declaration (form MC-031) (which is signed under penalty of perjury) and attach it to this petition.) Felony county jail sentence under Penal Code section 1170(h)(5) or felony state prison sentence (Pen. Code, § 1203.41) Petitioner is not on parole or under supervision under Penal Code section 1170(h)(5)(B); is not serving a sentence for, on probation for, or currently charged with committing any crime; and should be granted relief in the interests of justice, and (check one) a [_] more than one year has elapsed since petitioner completed the felony county jail sentence with a period of mandatory supervision imposed under Penal Code section 1170(h)(5)(B) b. [] more than two years have elapsed since petitioner completed the felony county jail sentence without a period of mandatory supervision imposed under Penal Code section 1170(h)(5)(A) e more than two years have elapsed since petitioner completed the felony state prison sentence, and the conviction did not result in a requirement to register as a sex offender under Chapter 5 5 (starting with section 290) of Title 9 of Part 1 of the Penal Code (Please note: You may explain why granting a dismissal would be in the interests of justice. You can provide that information by writing in the space below or by attaching a letter or other relevant documents. If you need more space for your writing, you can use Attachment (form MC-025) or Attached Declaration (form MC-031) (which is signed under penalty of perjury) and attach it to this petition.) CR-180 [Rev January 1 2024) PETITION FOR DISMISSAL Page 20f3

CR-180 PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT CASE NUMBER 6. | Felony prison sentence that would have been eligible for a felony county jail sentence after 2011 under Penal Code section 1170(h)(5) (Pen. Code, § 1203.42) Petitioner is not under supervision and is not serving a sentence for, on probation for, or currently charged with committing any crime; more than two years have elapsed since petitioner completed the felony prison sentence; and petitioner should be granted relief in the interests of justice (Please note: You may explain why granting a dismissal would be in the interests of justice. You can provide that information by writing in the space below or by attaching a letter or other relevant documents. If you need more space for your writing, you can use Attachment (form MC-025) or Attached Declaration (form MC-031) (which is signed under penalty of perjury) and attach it to this petition.) 7. [] Deferred entry of judgment (Pen. Code, § 1203.43) Petitioner performed satisfactorily during the period in which deferred entry of judgment was granted. The criminal charge(s) were dismissed under former Penal Code section 1000.3 on (date): . Furthermore (check one), a. [] court records are available showing the case resolution; or b. [] petitioner declares under penalty of perjury that the charges were dismissed after petitioner completed the requirements for deferred entry of judgment. Petitioner (check one) (1) [-] has (2) [-_] has not attached a copy of petitioner's state summary criminal history information 8. Petitioner requests that the eligible felony offenses listed above be reduced to misdemeanors under Penal Code section 17(b) and eligible misdemeanor offenses be reduced to infractions under Penal Code section 17(d)(2) 9. Petitioner requests that petitioner be permitted to withdraw the plea of guilty, or that the verdict or finding of guilt be set aside and a plea of not guilty be entered and the court dismiss this action under the Penal Code section(s) noted above Date (TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER OR ATTORNEY) CR-180 [Rev January 1 2024] PETITION FOR DISMISSAL Page 3 of 3 For your protection and privacy, please press the Clear This Form button after you have printed the form. | Print this form | | Save this form | Clear this form

CR-181 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER FOR COURT USE ONLY NAME FIRM NAME STREET ADDRESS CITY: STATE ZIP CODE: TELEPHONE NO FAX NO EMAIL ADDRESS. ATTORNEY FOR (name) SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS MAILING ADDRESS CITY AND ZIP CODE PEOPLE OF THE STATE OF CALIFORNIA Vv. DEFENDANT: ORDER FOR DISMISSAL CASE NUMBER (Pen. Code, §§ 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.41, 1203.42, 1203.43, 1203.49) From the petition filed in this matter, the records of the court, and any other evidence presented in this matter, the court orders as follows:

1. [] The court GRANTS the petition for reduction of a felony to a misdemeanor (maximum punishment of 364 days per Pen. Code, § 18.5) under Penal Code section 17(b) and/or for reduction of a misdemeanor to an infraction under Penal Code section 17(d)(2) and reduces a. [] ALL FELONY CONVICTIONS in the above-entitled action. b. [-] ALL MISDEMEANOR CONVICTIONS in the above-entitled action. c. [] only the following convictions in the above-entitled action (specify charges and date of conviction)
2. [] The court DENIES the petition for reduction of a felony to a misdemeanor under Penal Code section 17(b) and/or for reduction of a misdemeanor to an infraction under Penal Code section 17(d)(2) for a [] ALL FELONY CONVICTIONS in the above-entitled action. b. [-] ALL MISDEMEANOR CONVICTIONS in the above-entitled action. c. [] only the following convictions in the above-entitled action (specify charges and date of conviction):
3. [-] The court GRANTS the petition for dismissal regarding the following convictions under Penal Code (check all that apply) []§12034 [] §12034a [_] §120341 []§ 120342 []§ 120343 [] § 1203.49 and it is ordered that the pleas of guilty or nolo contendere or verdicts or findings of guilt be set aside and vacated and a plea of not guilty be entered and that the complaint or information be, and is hereby, dismissed for (check one) a [] ALL CONVICTIONS OR PLEAS FOR DEFERRED ENTRY OF JUDGMENT in the above-entitled action b [] only the following convictions or pleas for deferred entry of judgment in the above-entitled action (specify charges and date of conviction or plea for deferred entry of judgment): ORDER FOR DISMISSAL Penal Co

CR-181 PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER: 4 10 11 The court DENIES the petition for dismissal under Penal Code (check all that apply) (71 § 1203.4 [ ]§12034a ((]§ 1203.41 [__]§ 120342 [-]§ 1203.43 [_] § 1203.49 for (check one) a, [-] ALL CONVICTIONS OR PLEAS FOR DEFERRED ENTRY OF JUDGMENT in the above-entitled action b only the following convictions or pleas for deferred entry of judgment in the above-entitled action (specify charges and date of conviction or plea for deferred entry of judgment): {-] In granting this order under the provisions of Penal Code section 1203.49, the court finds that the petitioner was a victim of human trafficking when petitioner committed the crime. a. The court orders (check one): (1) [] the relief described in section 1203.4. (2) [] the relief described in section 1203.4, with the following exceptions (specify): b. The Department of Justice is hereby notified that petitioner was a victim of human trafficking when petitioner committed the crime, and notified of the relief ordered. lf this order is granted under the provisions of Penal Code section 1203.4, 1203.41, or 1203.42, a. the petitioner is required to disclose the above conviction in response to any direct question contained in any questionnaire or application for public office, or for licensure by any state or local agency (or, under Penal Code section 1203.41, for licensure by a federally recognized tribe or for enrollment as a provider of in-home supportive services and waiver 5 1 17 1 3 17 1292 1058 88 21 96.814583 personal 5 1 17 1 3 18 1389 1062 44 13 96.260796 care 4 1 17 1 4 0 208 1086 1317 23 -1 5 1 17 1 4 1 208 1088 94 17 86.138695 services (see Welf. & Inst. Code, §§ 12300-12318, 14132.95, 14132.952, 14132.956, 14132.97)), or for contracting with the California State Lottery Commission; and b. dismissal of the conviction does not automatically relieve petitioner from the requirement to register as a sex offender. (See, e.g., Pen. Code, § 290.5.) If this order is granted under the provisions of Penal Code section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.49, the petitioner is released from all penalties and disabilities resulting from the offense except as provided in Penal Code sections 29800 and 29900 (formerly sections 12021 and 12021.1) and Vehicle Code section 13555. In any subsequent prosecution of the petitioner for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed, The dismissal does not permit a person to own, possess, or have in their control a firearm if prevented by Penal Code section 29800 or 29900 (formerly sections 12021 and 12021.1). Dismissal of a conviction does not permit a person prohibited from holding public office as a result of that conviction to hold public office Dismissal under Penal Code section 1203.4 or 1203.4a does not release petitioner from the terms and conditions of any unexpired criminal protective order issued under Penal Code section 136 2(i)(1), 273 5(j), 368(/), or 646.9(k) FOR COURT USE ONLY In addition, as required by Penal Code section 299(f), relief under Penal Code section 17(b), 17(d)(2), 1203.4, 1203 4a, 1203 41, 1203.42. or 1203.49 does not release petitioner from the separate administrative duty to provide specimens, samples, or print impressions under the DNA and Forensic Identification Database and Data Bank Act (Pen Code, § 295 et seq.) if petitioner was found guilty by a trier of fact, not guilty by reason of insanity, or pled no contest to a qualifying offense as defined in Penal Code section 296(a) The basis for an order of dismissal granted under the provisions of Penal Code section 1203 43 is the invalidity of petitioner's prior plea due to misinformation in former Penal Code section 1000.4 regarding the actual consequences of making a plea and successful completion of a deferred entry of judgment program Notice: Except as provided in Penal Code section 1203 425(a)(4), if this order is granted under Penal Code section 1203 4, 1203 4a, 1203 41. or 1203 42, the court must not disclose information concerning a conviction granted relief to any person or entity, in any format, except to the person whose conviction was granted relief or to a criminal justice agency Date > (JUDICIAL OFFICER) CR181 [Rev January 1 2024] ORDER FOR DISMISSAL Page 2 of 2 For your protection and privacy, please press the Clear This Form button after you have printed the form. | Print this form | | Save this form | Clear this form

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number. and address) FOR COURT USE ONLY TELEPHONE NO E-MAIL ADDRESS(optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS STREET ADDRESS: 800 11™ Street CASE NUMBER: MAILING ADDRESS: P.O. Box 1098 CITY AND ZIP CODE: Modesto, CA 95354 BRANCH NAME: Criminal Courts Division (RELATED #): The People of the State of California VS. (name): NOTICE OF HEARING - CRIMINAL PROCEEDING [1 Penal Code §§1203.4/1203.4(a) _ [] Penal Code§ 1203.3(a) [] Penal Code §17 Attention (mark all that apply): {] Stanislaus County District Attorney (832 12" Street, Suite # 300, Modesto, CA 95354) Cl Stanislaus County Probation Department (801 11" Street, Suite #B100, Modesto, CA 95354) NOTICE is given that: The declared defendant in this matter hereby requests a hearing and order for the following: i Penal Code §§1203.4 / 1203.4(a); permitting the defendant to withdraw his/her criminal conviction and seek relief for any and all penalties. EC] Penal Code §1203.3(a); permitting the defendant terminate the period of probation. i Penal Code § 17; permitting the defendant to reduce his/her felony criminal conviction to a misdemeanor. A hearing on this motion for the relief requested will be held as follows: [ DATE: | a TIME: | DEPARTMENT: The hearing will be based upon this notice, to include the petition for expungement of the defendant. Any & all documents, records, exhibits, & declarations on file herein and such may be presented at the time of the hearing. DATE: (TYPE OR PRINT NAME) (SIGNATURE) Local Form CR-001 Revised 7/2010