Form 1073 at a glance
What it is: Petition for Relief Under Penal Code §1203.4, §1203.4a, in the Superior Court of California, County of Orange: Form # 1073 (Rev. August 14, 2003) Optional Form.
Who signs: Enter the Date and the name (Type or print name), and sign on the line marked Signature of Petitioner.
The petitioner is the Defendant, the Attorney for the defendant or the Probation Officer for the defendant in this action. 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.
A filled-in Form 1073 example: a defendant petitions after probation
How to fill out Form 1073, box by box
ATTORNEY OR PARTY WITHOUT ATTORNEY and the JUSTICE CENTER
Enter the Attorney or party without attorney (Name, Address, Telephone No.) and the Attorney for (Name).
Under SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE, mark the 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; or West - 8141 13th Street, Westminster, CA 92683.
Defendant, Case Number, Driver's License Number and Date of Birth
Enter the Defendant, the Case Number, the Driver's License Number and the Date of Birth.
1. I am the Defendant, Attorney or Probation Officer
After I am the, mark Defendant, Attorney for the defendant or Probation Officer for the defendant.
2. The date of conviction and the section(s) violated
In 2., enter the date of the conviction of the misdemeanor/felony offense of violation of section(s) (list all).
3. Petitioner declares
3., first box: 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)
3., second box: 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)
7. Date, name and Signature of Petitioner
The Petitioner declares under penalty of perjury under the laws of the State of California.
Enter the Date and the name (Type or print name), and sign on the line marked Signature of Petitioner.
More rules for Form 1073
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.
The granting of this petition does NOT affect DMV actions or further consequences for crimes involving the operation of a motor vehicle, and 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.
If your situation is different
The petition must be served on the District Attorney or City Attorney
A copy of this petition, a Petition for Relief Under Penal Code §1203.4 or Penal Code §1203.4a, 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.
Person serving: I am over the age of 18 and not a party to this action.
The petition has been served
Enter the person serving's Name, Address and Telephone. In 2., check either a or b: I served a copy of the Petition for Relief Under Penal Code §1203.4/1203.4a as follows.
Personal Service: I personally delivered the Petition for Relief under Penal Code §1203.4/1203.4a to the person at the address listed: (1) Name of person served, (2) Address where served, (3) Date served, (4) Time served.
Service 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). The declarant declares under penalty of perjury under the laws of the State of California.
Enter the Date and the name (Type or print name) and sign on the line marked Signature of Declarant.
When the petition has been served, the original may then be filed with the court.
Reimbursement costs are submitted with this petition
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.
Sources
[1] Petition for Relief Under Penal Code §1203.4, §1203.4a (Rev. August 14, 2003), Form 1073, Superior Court of California, County of Orange (the Official source link on this page).