The quest for post-conviction relief is a path filled with various legal avenues, one of which is encapsulated in the L 1279 form, as recognized by the Superior Court of California, County of Orange. This essential document plays a crucial role for individuals seeking to alleviate the burdens of past criminal convictions under specific sections of the California Penal Code - namely, §1203.4, §1203.4a, and §1203.41. The form outlines a legal framework that, if eligibility criteria are met, enables defendants to be relieved from all penalties and disabilities resulting from the offense, with notable exceptions tied to firearm possession and obligations under the DNA and Forensic Identification Database and Databank Act of 1998. Furthermore, the document clarifies that being granted this relief does not exempt individuals from disclosing the conviction in certain scenarios, such as applying for public office or state licensure, nor does it allow one to hold public office if prohibited. Completing and submitting this form triggers a judicial review process, which can culminate in the vacating of a guilty plea or verdict, reinstating a plea of not guilty, and ultimately, the dismissal of the accusatory filing against the defendant. However, the court may also review the defendant's financial status to determine if cost reimbursement is warranted. Through delineating the conditions under which relief can be granted or denied, the L 1279 form represents a beacon of hope for many looking to rebuild their lives post-conviction.
| Question | Answer |
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| Form Name | Form L 1279 |
| Form Length | 1 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 15 sec |
| Other names | licensure, DNA, Fullerton, 13th |
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE |
FOR COURT USE ONLY |
JUSTICE CENTER: |
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Central - 700 Civic Center Dr. West, Santa Ana, CA 92701 |
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North - 1275 N. Berkeley Ave., P. O. Box 5000, Fullerton, CA |
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West - 8141 13th Street, Westminster, CA 92683 |
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PEOPLE OF THE STATE OF CALIFORNIA VS. |
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Defendant:__________________________________________ |
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Case Number: |
ORDER FOR RELIEF UNDER PENAL CODE §1203.4, §1203.4A, §1203.41 |
Driver’s License: |
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Date of Birth: |
If this order is granted under the provisions of Penal Code section 1203.4 or 1203.4a or 1203.41:
∙The defendant is relieved from all penalties and disabilities resulting from the offense except as provided in Vehicle Code section 13555.
∙Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.
∙As required by Penal Code section 299(f), this relief does NOT release the defendant from the separate administrative duty to provide specimens, samples or print impressions under the DNA and Forensic Identification Database and Databank Act of 1998 if the 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).
If this order is granted the provisions of Penal Code section 1203.4 or 1203.4a or 1203.41 additionally apply:
∙Dismissal of the conviction does NOT relieve the defendant of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery.
∙Dismissal of the conviction does NOT permit a person prohibited from holding public office as a result of that conviction to hold public office.
∙Dismissal of the conviction does NOT relieve the defendant from any obligation to register under
Penal Code section 290.
GRANTED: It appears to the court from the records on file in this matter, and from the petition, that the defendant is eligible for the relief requested. It is hereby ordered that the plea, verdict, or finding of guilt in the
The court has reviewed the Defendant’s Financial Statement and determines defendant can pay reimbursement of costs in the amount of $120 $60 other amount ___________, which must be paid on or before:
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The court has reviewed the Defendant’s Financial Statement and determines defendant cannot pay reimbursement of costs.
DENIED
OTHER:
Date: _____________
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Judge/Commissioner of the Superior Court |
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Form # |
ORDER FOR RELIEF UNDER PENAL CODE §1203.4, §1203.4A, §1203.41 |
Penal Code, §§1203.4, |
Revised February 4, 2014 |
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Optional Form |
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1203.4a, 1203.41 |