California Form Dle 244 PDF Details

In the State of California, the process for individuals seeking to clear their names from the CAL-DNA Data Bank Program is streamlined through the DLE 244 form, a crucial document for individuals contending their DNA profiles should not be retained by the California Department of Justice. This application plays a pivotal role for those who believe there is no legal ground for their DNA samples and profiles to be included in the state's DNA Data Bank, offering a pathway to request the expungement of their DNA information. The form details the necessary steps and required information for this application, including personal identification details, the specifics of the DNA sample collection, and the legal basis for the request for removal. It outlines various grounds upon which an individual can request expungement, such as charges not being filed after arrest, dismissal of charges, reversal and dismissal of conviction, factual innocence, acquittal, or the reversal and dismissal of a juvenile delinquency petition. Additionally, it emphasizes the importance of providing supporting documentation to substantiate the request. The DLE 244 form is not only a testament to the meticulous procedure designed to ensure justice and the right to privacy but also encourages individuals to take affirmative steps to correct their legal records when supported by relevant legal findings.

QuestionAnswer
Form NameCalifornia Form Dle 244
Form Length3 pages
Fillable?No
Fillable fields0
Avg. time to fill out45 sec
Other namesexpungement_app dle 244 form

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STATE OF CALIFORNIA

 

DEPARTMENT OF JUSTICE

DLE 244

STREAMLINED DNA EXPUNGEMENT APPLICATION FORM

PAGE 1 of 3

 

(Orig. 02/2011)

 

REQUEST TO THE CALIFORNIA DEPARTMENT OF JUSTICE CAL-DNA DATA BANK PROGRAM

TO EXPUNGE MY STATE DNA DATABASE PROFILE AND REMOVE MY SAMPLE

I,

(Insert Name) SET FORTH UNDER PENALTY OF PERJURY AS FOLLOWS:

1. My name is

 

(Insert legal name and other name(s)

 

 

used), and my address, or an address that I can be reached at, is:

 

 

 

 

 

 

 

 

 

2.My email address is: (Insert email address if you have one and would like to be contacted by email)

3.

My Social Security Number (SSN) is

 

 

 

; my Date of Birth is

 

 

 

;

 

 

 

 

 

 

 

and my Driver's License Number (or State Identification Card Number) is

 

 

.

 

4.

My CA Identification & Information (CII) Number is

 

 

 

 

(Insert number if known).

5.

On or about

 

 

(Date/Year), I provided a DNA sample for inclusion in the

 

 

 

 

 

 

 

CAL-DNA Data Bank Program (Penal Code section 295 et seq.) to a law enforcement agency in

 

 

 

 

 

 

 

 

County, under the name I entered above.

 

 

 

 

 

 

 

(Name of County where sample taken; Insert prison name if taken at a prison)

 

 

6.

To the best of my knowledge, the crime for which my DNA database sample was taken was:

 

 

 

 

 

 

 

 

 

(Describe or name crime if known).

 

 

7.I contend I am not required by law to provide a DNA Data Bank Sample, and there is no legal basis for the California Department of Justice to retain my DNA sample, or searchable DNA profile.

8.I certify to the best of my knowledge that all of the following statements are true:

a. I have no past or present criminal offense that qualifies me for inclusion in the CAL-DNA Data Bank

Program.

[Note: (1) If you provided a DNA sample after you were validly convicted of a felony, the fact you subsequently had that felony conviction expunged under Penal Code section 1203.4, or reduced to a misdemeanor, etc., under Penal Code section 17, does not entitle you to also have your DNA profile expunged or sample removed from the Data Bank. (See, Cal. Pen. Code,

§ 299 (f).); (2) If you provided a DNA sample after a conviction for a misdemeanor and had any past felony conviction at that time, your sample is not eligible for expungement or removal from the Data Bank. (See, Cal. Pen. Code, § 296.1(a)(2) &(3).).]

b.I have no past or present duty to register as a sex or arson offender.

[Note: Termination of the duty to register does not qualify as a reason for sample expungement. (See, Pen. Code, § 299(e).).]

c. I did not provide a DNA sample as part of a plea bargain.

STATE OF CALIFORNIA

 

DEPARTMENT OF JUSTICE

DLE 244

STREAMLINED DNA EXPUNGEMENT APPLICATION FORM

PAGE 2 of 3

 

(Orig. 02/2011)

 

9.I request that the California Department of Justice destroy my DNA sample and expunge my searchable DNA database profile as provided for in Penal Code section 299, on the following grounds (CHECK ONE AND ATTACH THE DOCUMENTATION DESCRIBED):

a.

No qualifying felony charges were or will be filed after my arrest.

[Attach Letter in Support of Expungement from a District Attorney or prosecutor, providing the case name and number, and certifying that no charge(s) will be filed based on the arrest; or attach a certified or file- stamped copy of a complaint reflecting that only misdemeanor charge(s) were filed based on the arrest.]

b.

The felony charge(s) which formed the basis of my DNA sample collection was dismissed.

[Attach a certified or file-stamped copy of the court docket or minute order dismissing the charge(s), or a trial court's Clerk Certificate verifying this fact.]

c.

d.

e.

f.

The conviction which formed the basis of my DNA collection has been reversed and the case dismissed. [Attach a certified or file-stamped copy of the court order(s) or opinion reversing the conviction

and dismissing the charge(s).]

I have been found factually innocent under Penal Code section 851.8 or Welfare and Institutions Code section 781.5 of the offense which qualified me for inclusion in the CAL-DNA Data Bank Program. [Attach a certified or file-stamped copy of the court docket or minute order making this

finding.]

I was acquitted or found not guilty of the offense which qualified me for inclusion in the CAL-DNA Data Bank Program. [Attach a certified or file-stamped copy of the court docket or minute order stating this

finding.]

My previously sustained delinquency petition alleging an offense that would be a felony, if committed by an adult, has been reversed and dismissed. [Attach a certified or file-stamped copy of

the court order(s) or opinion reversing the conviction and dismissing the charge(s).]

10. Additional information supporting my request for DNA sample expungement is as follows:

11.I declare under penalty of perjury that the foregoing is true and correct.

Executed on:

 

at

 

, State of

 

.

 

(Date)

 

(City)

 

(State)

PRINT NAME:

SIGNATURE (person requesting DNA profile expungement and sample removal)

MAIL THE REQUEST FOR DNA SAMPLE EXPUNGEMENT TO:

Department of Justice CAL-DNA Data Bank Program

Attn. EXPUNGEMENT REQUESTS

1001 West Cutting Blvd., Suite 110

Richmond, CA 94804

STATE OF CALIFORNIA DLE 244

(Orig. 02/2011)

STREAMLINED DNA EXPUNGEMENT APPLICATION FORM

Privacy Notice

DEPARTMENT OF JUSTICE

PAGE 3 of 3

The information requested on this form is being requested by the State of California, Department of Justice (DOJ), Division of Law Enforcement, CAL-DNA Data Bank Program, for the purpose of determining eligibility for DNA sample/profile removal and expungement through use of DOJ's streamlined procedures. The maintenance of the information collected on this form is authorized by Penal Code Section 299. All information requested on this form is voluntary. However, failure to provide the requested information/documentation (e.g. identity, legal status and criminal history), as applicable, to enable DOJ to make a determination regarding a sample/profile's eligibility

for removal/expungement, will likely result in denial of the DNA sample/profile removal and expungement request. Your information provided on this form may be disclosed to federal, state and/or local law enforcement agencies, probation and parole officers, your attorney, and attorneys for the Department of Justice, and/or courts.

Pursuant to Civil Code Section 1798.30 et seq., individuals have the right [with some exceptions] to access records containing the personal information about themselves that are maintained by the agency. The CAL-DNA Data Bank Program is the agency official responsible for the system of records that maintains the information provided on this form. For more information regarding the location of your records and the categories of any persons who use the information in those records, you may contact the CAL-DNA Data Bank Program, Department of Justice, at 1001 West Cutting Blvd., Suite 110, Richmond, CA 94804, or via telephone at (510) 620-3300.

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1. Start filling out the California Form Dle 244 with a number of essential blank fields. Note all the information you need and make certain nothing is neglected!

The best ways to complete California Form Dle 244 part 1

2. Just after the last array of blank fields is filled out, go on to enter the relevant details in all these: To the best of my knowledge the, Describe or name crime if known, I contend I am not required by law, I certify to the best of my, I have no past or present criminal, I have no past or present duty to, and I did not provide a DNA sample as.

Completing part 2 in California Form Dle 244

Always be really careful when filling in I have no past or present duty to and I did not provide a DNA sample as, because this is the section in which a lot of people make some mistakes.

3. Through this part, check out No qualifying felony charges were, The felony charges which formed, The conviction which formed the, I have been found factually, I was acquitted or found not, and My previously sustained. All these will need to be completed with utmost attention to detail.

California Form Dle 244 writing process shown (step 3)

4. This section arrives with the following form blanks to focus on: My previously sustained, Additional information supporting, I declare under penalty of, Executed on at State of Date, and PRINT NAME SIGNATURE person.

Ways to prepare California Form Dle 244 part 4

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