Petition Penal Form PDF Details

Seeking legal relief and a fresh start, individuals convicted of crimes in California often turn to the Petition for Relief under Penal Code §1203.4, §1203.4a. This vital legal document is designed to support those who have fulfilled their obligations to society, whether through completing probation or abiding by their sentence without probation, enabling them to ask the court for dismissal of their conviction. The form necessitates detailed information about the petitioner, the conviction, and compliance with all conditions imposed by the court. Importantly, it clarifies the limitations of the relief granted; it does not expunge the conviction from public record or restore certain rights, such as firearm possession. The process involves serving the petition to the prosecuting office and understanding the financial implications, indicating a waiver of the right to a court determination of the ability to pay court costs if they are included with the petition. This complex process underscores the importance of understanding every aspect of the petition, the conditions under which it can be granted, and the lasting effects on the individual’s rights and obligations. The pathway to clearing one's name and moving forward is intricate, highlighting the intersection of legal rehabilitation and societal reentry.

QuestionAnswer
Form NamePetition Penal Form
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namespetition penal, petition for resentencing penal code sec 1170 18, CALIFORNIA, penal code1382 form california

Form Preview Example

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Address, Telephone No.)

FOR COURT USE ONLY

ATTORNEY FOR (Name) :

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE

JUSTICE CENTER:

£Central - 700 Civic Center Dr. West, Santa Ana, CA 92701

£Harbor-Newport Beach - 4601 Jamboree Rd., Newport Beach, CA 92660-2595

£Harbor-Laguna Niguel - 30143 Crown Valley Pkwy., Laguna Niguel, CA 92677

£Harbor- Laguna Hills - 23141 Moulton Parkway 2nd Floor, Laguna Hills, CA 92563-1206

£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.

 

Defendant:__________________________________________

 

 

 

 

Case Number:

PETITION FOR RELIEF UNDER PENAL CODE §1203.4, §1203.4a

Driver’s License Number:

 

Date of Birth:

1.I am the c Defendant c Attorney for the defendant c Probation Officer for the defendant in the above-entitled action.

2.On the date of _________________, the defendant was convicted of the misdemeanor/felony offense of violation of section(s) (list all):

____________________________________________________________________________________________

3.Petitioner declares:

c The defendant has fulfilled the conditions of probation for the entire period of probation or has been discharged prior to termination of the period of probation; that the defendant is not serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense. (Penal Code §1203.4)

c The defendant was not placed on probation; that more than one year has elapsed since the date of pronouncement of judgment; that the defendant has complied with the sentence of the court; that the defendant is not serving a sentence for any offense nor under charge of commission of any crime, and has since pronouncement of judgment lived an honest and upright life, and conformed to and obeyed the laws of the land. (Penal Code §1203.4a)

4.Petitioner and defendant understand that the granting of this petition 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, does NOT affect DMV actions or further consequences for crimes involving the operation of a motor vehicle, does NOT permit the defendant to own, possess or have in their custody or control any concealable firearm. The granting of this petition does NOT seal your record. The case, including the conviction will remain public record. The granting of the petition does NOT relieve the defendant of any obligation to register under Penal Code 290.

5.Petitioner and defendant request the conviction be set aside, that a plea of not guilty be entered, and that the Court dismiss this action pursuant to the provisions of Penal Code §1203.4, §1203.4a.

6.Petitioner and defendant have the right to have the Court determine the defendant’s ability to pay the reimbursement costs by personally submitting the Defendant’s Financial Statement pursuant to the standards set forth in Penal Code 987.8(g)(2). If reimbursement costs are submitted with this petition, defendant waives the right to the judicial determination of ability to pay.

7.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 Petitioner)

PETITION FOR RELIEF UNDER PENAL CODE §1203.4, §1203.4a

Form # 1073

 

(Rev. August 14, 2003)

Penal Code §1203.4, 1203.4a

Optional Form

Page 1 of 2

 

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Address, Telephone No)

FOR COURT USE ONLY

ATTORNEY FOR (Name)

Bar No.

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE

 

JUSTICE CENTER:

 

 

G Central - 700 Civic Center Dr. West, Santa Ana, CA 92701

 

G Harbor-Newport Beach - 4601 Jamboree Rd., Newport Beach, CA 92660

 

G Harbor-Laguna Niguel - 30143 Crown Valley Pkwy., Laguna Niguel, CA 92677

 

G Harbor-Laguna Hills - 23141 Moulton Parkway 2nd floor, Laguna Hills, CA 92653-1206

 

G North - 1275 N. Berkeley Ave., P. O. Box 5000, Fullerton, CA 92838-0500

 

G West - 8141 13th Street, Westminster, CA 92683

 

 

 

 

 

PEOPLE OF THE STATE OF CALIFORNIA

 

 

VS.

 

 

Defendant:__________________________________________

 

 

 

PROOF OF SERVICE

Case Number:

c PERSONAL SERVICE

c SERVICE BY MAIL

 

 

 

 

This is a proof of service of a Petition for Relief Under Penal Code §1203.4 or Penal Code §1203.4a DIRECTIONS: A copy of this petition must be served upon the District Attorney or City Attorney who prosecuted your case. Mail the front and back of each page of this document to the District Attorney or City Attorney who prosecuted the case. When the petition has been served, the original may then be filed with the court.

1.Person serving. I am over the age of 18 and not a party to this action. Name:

Address:

Telephone:

2.I served a copy of the Petition for Relief Under Penal Code §1203.4/1203.4a as follows (check either a or b below):

a.c Personal Service: I personally delivered the Petition for Relief under Penal Code §1203.4/1203.4a to the person at the address listed below:

(1)Name of person served:

(2)Address where served:

b.

(3)Date served:

(4)Time served:

cService by Mail: I deposited the Petition for Relief under Penal Code §1203.4/12034a in the United

States mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows:

(1)Name of person served:

(2)Address:

(3)Date of Mailing:

(4)Place of Mailing (city and state):

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)

PROOF OF SERVICE - PETITION FOR RELIEF UNDER PENAL CODE §1203.4, §1203.4a

Form # 1073

 

(Rev. August 14, 2003)

Penal Code §1203.4, 1203.4a

Optional Form

Page 2 of 2

 

How to Edit Petition Penal Form Online for Free

relief penal can be filled out online without any problem. Simply try FormsPal PDF editing tool to get it done promptly. FormsPal development team is ceaselessly endeavoring to develop the editor and make it much easier for people with its multiple functions. Take your experience to another level with constantly growing and great possibilities available today! To get the process started, take these simple steps:

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For you to complete this document, ensure you provide the right details in each and every blank field:

1. You have to complete the relief penal correctly, hence pay close attention while filling in the parts including all of these fields:

Stage no. 1 for filling in 2nd

2. After the prior part is done, proceed to enter the suitable information in all these - Petitioner declares, c The defendant has fulfilled the, c The defendant was not placed on, Petitioner and defendant, Petitioner and defendant request, dismiss this action pursuant to, Petitioner and defendant have the, I declare under penalty of perjury, and Date Type or print name.

Writing section 2 in 2nd

3. Within this stage, check out Date Type or print name, Signature of Petitioner, PETITION FOR RELIEF UNDER PENAL, Form Rev August Optional Form, and Penal Code a Page of. Each of these must be filled in with utmost accuracy.

Completing part 3 of 2nd

4. Completing FOR COURT USE ONLY, ATTORNEY OR PARTY WITHOUT ATTORNEY, SUPERIOR COURT OF CALIFORNIA, Defendant, c PERSONAL SERVICE c SERVICE BY, PROOF OF SERVICE, Case Number, This is a proof of service of a, and DIRECTIONS A copy of this petition is essential in the fourth section - ensure to don't hurry and take a close look at every single empty field!

Filling out segment 4 in 2nd

It is possible to make an error when filling out the PROOF OF SERVICE, thus make sure to go through it again prior to deciding to submit it.

5. Because you come near to the conclusion of this file, there are a few more requirements that need to be met. In particular, Person serving I am over the age, Telephone, I served a copy of the Petition, a c Personal Service I personally, the person at the address listed, Name of person served Address, Date served Time served, b c Service by Mail I deposited, Name of person served Address, Date of Mailing Place of Mailing, I declare under penalty of perjury, Date Type or print name, and Signature of Declarant must all be filled in.

Step # 5 of filling out 2nd

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