Petition for Relief Packet

Transcription

1 SUPERIOR COURT OF STANISLAUS COUNTY (209) Street Address: th Street Modesto, CA Mailing Address: P.O. Box 1098 Modesto, CA Self Help Center: th Street Room #220 Modesto, CA (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): Criminal Complaint Sentencing Minute Order Probation Terms (if applicable) 2) Complete the forms using the samples that are provided in this packet. Be sure to print neatly using BLUE or BLACK ink. 3) 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. Birgit Fladager, District Attorney th Street, Suite 300 Modesto, CA Jill Silva, Stanislaus County Chief Probation Office th Street, Suite #B100 Modesto, CA ) Once all of the paperwork is complete, you will need to provide an original and three copies to the Criminal Clerk s office at th Street, Room 140, Modesto, California for filing. The clerk s office will provide you with a hearing date. Note: You can access further information at Material distributed by the Superior Court Clerk s Office or Self Help Center 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) for a referral. The Clerk s Office cannot give you legal advice. Revised 11/2014

2 Your name and address Telephone Number Write in In Pro Per which means you are representing yourself. Your Name (at time of conviction) Case No. of your conviction Found on DOJ Criminal Record printout. (Optional) Driver s License Number Last four digits of your Social Security Number Date of Birth Conviction Date Code Section No. violated Code violated (Ex: Penal) Indicate if convicted of Felony or Misdemeanor Check if your felony may be reduced to a misdemeanor Check if probation was part of your sentence Check the box that best describes your probation. If you check c, you must attaché a declaration telling the Court why a Dismissal would be appropriate in your case. Check if probation was not part of your sentence Check if all statements in this paragraph are true. Check if probation was part of your sentence Check if your felony may be reduced to a misdemeanor Check if probation was not part of your sentence Date Sign here Write in your name and address

3 Your name and address Telephone Number In Pro Per Your Name (at time of conviction) Case No. of your conviction Found on DOJ Criminal Record printout. (Optional) Driver s License Number Last four digits of your Social Security Number Date of Birth DO NOT WRITE BELOW This will be completed by the Court based on its determination.

4 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Your name and address TELEPHONE NO: ADDRESS(optional): Telephone Number In Pro Per SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS STREET ADDRESS: TH Street MAILING ADDRESS: P.O. Box 1098 CITY AND ZIP CODE: Modesto, CA BRANCH NAME: Criminal Courts Division (RELATED #): Case No. of your conviction (name): Your name The People of the State of California VS. CRIMINAL PROCEEDING NOTICE OF HEARING Penal Code / (A) Check the box that matches your Petition Penal Code 17 Check this box Attention (mark all that apply): Check this box if sentence included probation th Birgit Fladagar, Stanislaus County District Attorney ( Street, Suite # 300, Modesto, CA 95354) Jerry Powers, Stanislaus County Chief Probation Office ( th Street, Suite #B100, Modesto, CA 95354) NOTICE is given that: Your name The declared defendant in this matter hereby requests a hearing and order for the following: Penal Code / (A); permitti ng the defendant to withdraw his/her criminal conv iction and seek relief for any and all penalties. Check the box that matches your Petition 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: TIME: DEPARTMENT: The hearing will be based upon this notice, to include the petition for expungement of the defendant. Any & all do cuments, records, exhibits, & declarations on file herein and such may be presented at the time of the hearing. Clerk s office will fill in Date DATE: Print your name (TYPE OR PRINT NAME) Sign here (SIGNATURE)

5 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): CR-180 TELEPHONE NO.: ADDRESS: PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: FAX NO.: DATE OF BIRTH: PETITION FOR DISMISSAL (Pen. Code, 17(b), , a) Date: Time: Department: 1. On (date):, the defendant in the above-entitled criminal action was convicted of a violation of the following (specify code(s) and section(s)): 2. The offense was a misdemeanor felony. Felony offense (Pen. Code, 17(b)): The offense listed above is a felony that may be reduced to a misdemeanor under Penal Code section Offense with probation granted (Pen. Code, ): Probation was granted on the terms and conditions set forth in the docket of the above-entitled court; the defendant is not serving a sentence for any offense, nor on probation for any offense, nor under charge of commission of any crime, and the defendant (check all that apply): a. has fulfilled the conditions of probation for the entire period thereof; infraction. 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 must explain why granting a dismissal would be in the interests of justice by completing and attaching the optional Attached Declaration (form MC-031).) 4. Offense with sentence other than probation (Pen. Code, a): Probation was not granted; more than one year has elapsed since the date of pronouncement of judgment. The defendant has complied with the sentence of the court and is not serving a sentence for any offense nor under charge of commission of any crime; and the defendant (select 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 must explain why granting a dismissal would be in the interests of justice by completing and attaching the Attached Declaration (form MC-031).) Petitioner requests that defendant 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 section or a of the Penal Code. Petitioner requests that the felony charge be reduced to a misdemeanor under Penal Code section 17(b). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on: (DATE) (SIGNATURE OF PETITIONER OR ATTORNEY) (ADDRESS, DEFENDANT) (CITY) (STATE) (ZIP CODE) Page 1 of 1 Form Approved for Optional Use PETITION FOR DISMISSAL Penal Code, 17(b), Judicial Council of California , and a CR-180 [Rev. January 1, 2014]

6 ATTORNEY OR PARTY W ITHOUT ATTORNEY (Name, State Bar num ber, and address): MC-030 TELEPHONE NO.: E- MAIL ADDRESS (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: FAX NO. (Optional): DEFENDANT/RESPONDENT: DECLARATION I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Attorney for Plaintiff Petitioner Defendant Respondent Other (specify): Form Approved for Optional Use Judicial Council of California MC-030 [Rev. January 1, 2006] DECLARATION Page 1 of 1

7 PLAINTIFF/PETITIONER: MC-031 DEFENDANT/RESPONDENT: DECLARATION (This form must be attached to another form or court paper before it can be filed in court.) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Attorney for Plaintiff Petitioner Defendant Respondent Other (specify): Form Approved for Optional Use Judicial Council of California MC-031 [Rev. July 1, 2005] ATTACHED DECLARATION Page 1 of 1

8 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): CR-181 TELEPHONE NO.: ADDRESS: PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: FAX NO.: DATE OF BIRTH: ORDER FOR DISMISSAL (Pen. Code, 17(b), , a) a. 4. The court denies the petition. The court grants the petition. The court finds from the records on file in this case, and from the foregoing petition, that the defendant is eligible for the relief requested. The court reduces the felony offense to a misdemeanor. b. The court denies the request to reduce the felony offense to a misdemeanor. It is ordered that the plea, verdict, or finding of guilt regarding the following convictions in the above-entitled action be set aside and vacated and a plea of not guilty be entered and that the complaint be, and is hereby, dismissed (specify charges and dates of convictions): 5. If this order is granted under the provisions of Penal Code section : a. The defendant 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 for contracting with the California State Lottery Commission. b. Dismissal of the conviction does not automatically relieve a person from the requirement to register as a sex offender. (See, e.g., Penal Code section ) c. The defendant may also be eligible to obtain a certificate of rehabilitation and pardon under the procedure set forth in Penal Code section et seq. 6. If the order is granted under the provisions of either Penal Code section or a, the defendant is released from all penalties and disabilities resulting from the offense except as provided in Penal Code sections and (formerly sections and ) and Vehicle Code section The dismissal does not permit a person to own, possess, or have in his or her control a firearm if prevented by Penal Code sections or (formerly sections and ). Dismissal of the conviction does not permit a person prohibited from holding public office as a result of that conviction to hold public office. 7. In addition, as required by Penal Code section 299(f), relief under Penal Code sections 17(b), , or a does not release defendant 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 defendant 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). Date: (JUDICIAL OFFICER) Page 1 of 1 Form Approved for Optional Use ORDER FOR DISMISSAL Penal Code, 17(b), Judicial Council of California , and a CR-181 [Rev. January 1, 2014]

9 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO: ADDRESS(optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS STREET ADDRESS: TH Street MAILING ADDRESS: P.O. Box 1098 CITY AND ZIP CODE: Modesto, CA BRANCH NAME: Criminal Division (RELATED #): The People of the State of California VS. (Name): NOTICE OF HEARING - CRIMINAL PROCEEDING Penal Code / (A) Penal Code 17 Attention (mark all that apply): Birgit Fladagar, Stanislaus County District Attorney ( th Street, Suite # 300, Modesto, CA 95354) Jill Silva, Stanislaus County Chief Probation Office ( th 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: Penal Code / (A); permitting the defendant to withdraw his/her criminal conviction and seek relief for any and all penalties. 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: 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 (Optional) Revised 7/2012

10 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): POS-030 TELEPHONE NO.: ADDRESS (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PETITIONER/PLAINTIFF: 1100 I Street P. O. Box 1098 Modesto, CA FAX NO.(Optional): Stanislaus RESPONDENT/DEFENDANT: PROOF OF SERVICE BY FIRST-CLASS MAIL - CIVIL (Do not use this Proof of Service to show service of a Summons and Complaint.) 1. I am over 18 years of age and not a party to this action. I am a resident of or employed in the county where the mailing took place. 2. My residence or business address is: 3. On (date): I mailed from (city and state): the following documents (specify): Notice of Hearing - Criminal Proceeding and Petition for Dismissal The documents are listed in the Attachment to Proof of Service by First-Class Mail - Civil (Documents Served) (form POS-030(D)). 4. I served the documents by enclosing them in an envelope and (check one) : a. depositing the sealed envelope with the United States Postal Service with the postage fully prepaid. b. placing the envelope for collection and mailing 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. 5. The envelope was addressed and mailed as follows: a. Name of person served: See below b. Address of person served: The name and address of each person to whom I mailed the documents is listed in the Attachment to Proof of Service by First-Class Mail-Civil (Persons Served) (POS-030(P)). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: Birgit Fladagar, Stanislaus County District Attorney, th Street, Suite 300, Modesto, CA Jill Silva, Stanislaus County Chief Probation Office, th Street, Suite B100, Modesto, CA (TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETING THIS FORM) Form Approved for Optional Use PROOF OF SERVICE BY FIRST-CLASS MAIL - CIVIL Code of Civil Procedure, 1013, 1013a Judicial Council of California POS-030 [New January 1, 2005] (Proof of Service) Expungement

11 INFORMATION SHEET FOR PROOF OF SERVICE BY FIRST-CLASS MAIL - CIVIL (This information sheet is not part of the Proof of Service and does not need to be copied, served, or filed.) NOTE: This form should not be used for proof of service of a summons and complaint. For that purpose, use Proof of Service of Summons (form POS-010). Use these instructions to complete the Proof of Service by First-Class Mail - Civil (form POS-030). A person over 18 years of age must serve the documents. There are two main ways to serve documents: (1) by personal delivery and (2) by mail. Certain documents must be personally served. You must determine whether personal service is required for a document. Use the Proof of Personal Service - Civil (form POS-020) if the documents were personally served. The person who served the documents by mail must complete a proof of service form for the documents served. You cannot serve documents if you are a party to the action. INSTRUCTIONS FOR THE PERSON WHO SERVED THE DOCUMENTS The proof of service should be printed or typed. If you have Internet access, a fillable version of the Proof of Service form is available at Complete the top section of the proof of service form as follows: First box, left side : In this box print the name, address, and telephone number of the person for whom you served the documents. Second box, left side : Print the name of the county in which the legal action is filed and the court's address in this box. The address for the court should be the same as on the documents that you served. Third box, left side: Print the names of the Petitioner/Plaintiff and Respondent/Defendant in this box. Use the same names as are on the documents that you served. First box, top of form, right side: Leave this box blank for the court's use. Second box, right side: Print the case number in this box. The case number should be the same as the case number on the documents that you served. Complete items 1-5 as follows: 1. You are stating that you are over the age of 18 and that you are not a party to this action. You are also stating that you either live in or are employed in the county where the mailing took place. 2. Print your home or business address. 3. Provide the date and place of the mailing and list the name of each document that you mailed. If you need more space to list the documents, check the box in item 3, complete the Attachment to Proof of Service by First-Class Mail - Civil (Documents Served) (form POS-030(D)), and attach it to form POS For item 4: Check box a if you personally put the documents in the regular U.S. mail. Check box b if you put the documents in the mail at your place of business. 5. Provide the name and address of each person to whom you mailed the documents. If you mailed the documents to more than one person, check the box in item 5, complete the Attachment to Proof of Service by First-Class Mail - Civil (Persons Served) (form POS-030(P)), and attach it to form POS-030. At the bottom, fill in the date on which you signed the form, print your name, and sign the form. By signing, you are stating under penalty of perjury that all the information you have provided on form POS-030 is true and correct. POS-030 [New January 1, 2005] PROOF OF SERVICE BY FIRST CLASS MAIL - CIVIL (Proof of Service) Expungement