Orange — Petition for Dismissal Under Penal Code SEC 1210.1(e)(1)

Source: https://www.occourts.org/system/files/shc-crim-02.pdf

SUPERIOR COURT OF CALIFORNIA Self-Help Services COUNTY OF ORANGE www.occourts.org/self-help

PETITION FOR DISMISSAL UNDER PENAL CODE §1210.1(E)(1)

SELF-HELP FORM PACKET

SHC-CRIM-02 (Rev. 07/28/2021)

Self-Help Services can review your completed forms before you file them with the Court. To request review of your completed forms:

1. Complete the attached forms in black ink.
2. Scan your completed forms and save as a single PDF file.
3. Go to www.occourts.org/self-help (click the blue button labeled Click Here to Contact Self-Help Services), attach the PDF, and complete the online request form. Make sure to select CRIMINAL/TRAFFIC as the case type on the form.

www.occourts.org/self-help

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE Petition for Relief under Penal Code 1210.1(e)(1)) & Notice of Hearing Information and Instructions

INFORMATION:

After successful completion of the drug treatment program, a defendant may petition the court to dismiss the charges. The court shall conduct a hearing in order to determine whether the defendant has successfully completed the drug treatment and has substantially complied with the terms of probation, including refraining from the use of drugs.

Successful completion of treatment means a defendant has completed the required drug treatment program and there is reasonable cause to believe the defendant will not abuse controlled substances in the future.

GRANTING OF THIS PETITION Does… Does Not… ƒ Release the defendant from all penalties and ƒ Restrict the Department of Justice from disabilities resulting from the convicted disclosing the arrest and conviction in offense. response to any peace officer application request or law enforcement inquiry. ƒ Allow the defendant to indicate that he or she was not arrested or convicted for the ƒ Permit the defendant to own, possess or offense except in response to any direct have in his or her custody or control any question contained in any questionnaire of concealable firearm. application for public office, for licensure by any state or local agency, for contracting with the California State Lottery, or for purposes of serving on a jury.

Common reasons for denial include:

Failure to successfully complete treatment Failure to comply with the terms of probation Failure to pay all court costs, fees and fines

A new law violation after being placed on probation

This information is for general use and not intended as full and comprehensive instruction governing the laws and rules relating to Penal Code section 1210.1. Clerks cannot give legal advice. For further information regarding a dismissal refer to Penal code section 1210.1 or seek legal assistance from an attorney.

Form Approved for Optional Use Petition for Relief under Penal Code 1210.1(e)(1) Page 1 of 2 Form # L-113 and Notice of Hearing Penal Code § 1210.1(e)(1) Revised [June 14,2 011] Information and Instructions

INSTRUCTIONS- Petition for Dismissal & Notice of Hearing form Follow the instructions below to file the petition and have your case placed on calendar for a dismissal hearing. Incomplete forms will not be filed and will be returned for correction.

Read the entire instructions before you complete the form.

1 Complete a Petition for Dismissal Under Penal Code 1210.1(e)(1) and Notice of Hearing
form (L-118).

Note: read the service requirements before selecting a hearing date.

2 Make 3 copies and distribute as follows:
Court (original) Probation Department (copy)
Prosecutor (copy) Defendant (copy)

3 Serve a copy of the petition on the prosecutor and the Probation Department.

If personal service then… If mailing notice then…

a. Select a hearing date* no sooner a. Select a hearing date* no sooner than
than 30 days. 35 days (to allow for mailing time).

b. Deliver a completed copy of the b. Complete a Proof of Service.
petition to the prosecutor and c. Mail a copy of the petition and Proof of
Probation Department. Service to the prosecutor and
c. Have the original and one copy Probation Department.
stamped with an Note: A copy of the proof of service must
acknowledgment to indicate the be attached to all copies including the
document has been received. original.
*See below for hearing schedule.

4 File the completed petition with the Criminal Department at the appropriate justice center.

Note: On the hearing date, appear in court with any and all documents which will support
your request. The court may continue the hearing if additional information is necessary.

Hearing Schedule

Misdemeanors Felonies
Dept. C60 at 8:30 Central Justice Center All felony PC 1210.1 dismissal
Monday through Friday hearings are to be heard at the
Dept. H4 at 8:30 Harbor Justice Center Central Justice Center in Department
Monday through Friday C60 at 8:30 Monday through Friday.
Department N7 at 8:30 North Justice Center
Thursdays only
Department W3 at 8:30 West Justice Center
Fridays only

Form Approved for Optional Use Petition for Relief under Penal Code 1210.1(e)(1) Page 2 of 2 Form # L-113 and Notice of Hearing Penal Code § 1210.1(e)(1) Revised [June 14,2 011] Information and Instructions

Form #L-118

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name & Address): FOR COURT USE ONLY

TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): BAR NO.: ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE JUSTICE CENTER: Central - 700 Civic Center Dr. West, Santa Ana, CA 92701-4045 Harbor-Newport Beach Facility - 4601 Jamboree Rd., Newport Beach, CA 92660-2595 North - 1275 N. Berkeley Ave., P. O. Box 5000, Fullerton, CA 92838-0500 West - 8141 13th Street, Westminster, CA 92683-4593

PEOPLE OF THE STATE OF CALIFORNIA vs.

PETITION FOR DISMISSAL UNDER PENAL CODE 1210.1(e)(1) & CASE NUMBER:
NOTICE OF HEARING

The defendant in the above-entitled criminal action was convicted of the felony/misdemeanor violation of section(s)

_____________________________ of the ____________________________ on _________________________. [SECTION(S)] [CODE(S)] (DATE)

I am the attorney for the petitioner and state the following on information and belief:

The defendant has successfully completed treatment as defined in Penal Code section 1210(c) and substantially complied with the conditions of probation.

Defendant requests that the conviction on which the probation was based be set aside and the court dismiss this action pursuant to Penal Code section 1210.1(e)(1).

A hearing on the Petition for Dismissal is scheduled for _____________ at _______ AM/PM in Department _____. (DATE) (TIME) (DEPT.)

I, the undersigned, say: I am the ______________ (attorney/defendant) in this action. I declare under penalty of perjury under the laws of the State of California that the foregoing statements are true and correct, except as to those matters that are stated on my information and belief, and as to those matters, I believe them to be true.

Date: _____________________

(TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER/ATTORNEY)

Approved for Optional Use PETITION FOR DISMISSAL UNDER PENAL CODE Penal Code §1210.1(e)(1) Form # L-118 1210.1(e)(1) & NOTICE OF HEARING [Revised May 3, 2013]

Form #L-136

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE FOR COURT USE ONLY JUSTICE CENTER: Central - 700 Civic Center Dr. West, Santa Ana, CA 92701-4045 Harbor-Newport Beach Facility - 4601 Jamboree Rd., Newport Beach, CA 92660-2595 North - 1275 N. Berkeley Ave., P. O. Box 5000, Fullerton, CA 92838-0500 West - 8141 13th Street, Westminster, CA 92683-4593

PEOPLE OF THE STATE OF CALIFORNIA vs.

CASE NUMBER:

ORDER UNDER PENAL CODE 1210.1(e)(1)

ORDER

The court denies the Petition for Dismissal under Penal Code 1210.1(e)(1).

It appearing to the court from the records on file in this case and from the Petition that the

defendant is eligible for the relief requested, IT IS ORDERED that the conviction be set aside, and the applicable count(s) on the accusatory pleading be dismissed. Further, the defendant is released from all penalties and disabilities resulting from the offense(s) of which he or she has been convicted, and both the arrest and conviction are deemed never to have occurred, except that:

1. The dismissal does not permit a person to own, possess, or have in his or her custody or control any firearm capable of being concealed upon the person or prevent his or her conviction under PC 12021;

2. The arrest and conviction on which probation was based may be recorded by the Department of Justice and disclosed in response to any peace officer application request or any law enforcement inquiry;

3. The defendant must disclose the arrest and conviction in response to any direct question contained in any questionnaire or application for public office, for a position as a peace officer, for licensure by any state or local agency, for contracting with the California State Lottery, or for purposes of serving on a jury.

Dated: _____________________

JUDGE OF THE SUPERIOR COURT

Approved for Optional Use ORDER UNDER PENAL CODE 1210.1(e)(1) Penal Code §1210.1(e)(1) Form # L-136 [Revised May 3, 2013]

Form #L-129 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: FAX NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name):

SUPERIOR COURT OF CAL IFORNIA, COUNTY OF ORANGE JUSTICE CENTER: Central - 700 Civic Center Dr. West, Santa Ana, CA 92701 Harbor-Newport Beach Facility - 4601 Jamboree Rd., Newport Beach, CA 92660-2595 North - 1275 N. Berkeley Ave., P.O. Box 5000, Fullerton, CA 92838-0500 West - 8141 13th Street, Westminster, CA 92683

PEOPLE OF THE STATE OF CALIFORNIA vs.

PROOF OF SERVICE CASE NUMBER:
(Petition for Dismissal under Penal Code 1210.1(d) & Notice of Hearing)

Mail Personal Service 1. At the time of service I was at least 18 years of age and not a party to this legal action. 2. My residence or business address is (specify):

3. I served a copy of the Petition for Dismissal under Penal Code 1210.1(d) & Notice of Hearing as follows (complete either a or
b):
a. Mail. I am a resident of or employed in the county where the mailing occurred.
(1) I enclosed a copy in an envelope and
(a) deposited the sealed envelope with the United States Postal Service, with the postage fully
prepaid.
(b) placed the envelope for collection and mailing on the date and at the place shown below,
following our ordinary business practices. I am readily familiar with this business’s practice for
collecting and processing correspondence for mailing. On the same day that correspondence is
placed for collection and mailing, it is deposited in the ordinary course of business with the United
States Postal Service, in a sealed envelope with postage fully prepaid.
(2) The envelope was addressed and mailed as follows:
(a) Please check appropriate box(es): O.C. District Attorney or City Attorney (as applicable)
O.C. Probation
(b) Address on envelope(s):

(c) Date of Mailing:
(d) Place of mailing (city and state):

b. Personal delivery. I personally delivered a copy as follows:
(1) Please check appropriate box(es): O.C. District Attorney or City Attorney (as applicable)
O.C. Probation
(2) Address where delivered:

(3) Date delivered:
(4) Time delivered:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

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(TYPE OR PRINT NAME) (SIGNATURE)

Form Adopted for Optional Use PROOF OF SERVICE Penal Code § 1210.1(d)Form #L-129 (Petition for Dismissal under Penal Code 1210.1(d) &[Rev. 08/30/17] Notice of Hearing)