Get the free Petition for Relief under Penal Code §1203.4 & §1203.4a

This document provides information and instructions for individuals seeking to petition the court for relief under California Penal Code §1203.4 and §1203.4a, indicating that they have successfully

How to fill out petition for relief under

How to fill out Petition for Relief under Penal Code §1203.4 & §1203.4a

1. Obtain the Petition for Relief form either online or from the court clerk's office.
2. Fill out the personal information section with your name, address, and other identifying details.
3. Provide details about the conviction, including the case number, date of conviction, and the offense you were convicted of.
4. Indicate whether you have completed your sentence, including probation and parole, as required for the petition.
5. Attach evidence of rehabilitation, such as certificates of completion for rehabilitation programs, letters of recommendation, or proof of employment.
6. Review the form for completeness and accuracy, ensuring all necessary information is included.
7. Submit the completed petition to the appropriate court along with any required filing fees.
8. Attend any scheduled court hearings regarding your petition if necessary.

Who needs Petition for Relief under Penal Code §1203.4 & §1203.4a?

1. Individuals who have completed their criminal sentence, including probation and parole.
2. Persons seeking to reduce the stigma of a criminal record to improve employment opportunities.
3. People who wish to restore their civil rights, such as the right to vote or own firearms.
4. Individuals aiming to clear their record for personal or legal reasons, such as applying for housing or education.

People Also Ask about

What crimes are not eligible for expungement in California?

Here is a list of some of the crimes that cannot be expunged under California law: Penal Code section 187 – . Penal Code section 191.5 – Gross vehicular manslaughter while intoxicated. Penal Code section 192(c)(1) – Vehicular manslaughter with gross negligence. Penal Code section 261 – .

What is section 1203.4 of the California penal code?

Penal Code § 1203.4 – Successful Completion of Probation After successful completion or early termination of probation, you may petition the court to dismiss the charges under Penal Code §1203.4. To be eligible for consideration pursuant to PC § 1203.4, you must not be: Serving a sentence for any offense.

Can a strike be expunged in California?

Some charge, such as strike charges, cannot be expunged but a qualified attorney may still be able to help.

Who is eligible for expungement in California?

Due to recent changes in California law, most Californians with felony convictions are eligible for record expungement. Eligibility: You may not be under post-release supervision. You must have been off post-release supervision for at least two years.

What does conviction relief granted mean in California?

A person who has been granted conviction relief “is released from any penalties and disabilities resulting from the arrest, and may answer any question relating to the arrest accordingly,” with exceptions relating to peace officer applications, public office, firearms, Vehicle Code section 13555(d), the Lottery

What is an expungement in California?

California does not have a true expungement process. A "true" expungement seals arrest and conviction records. Dismissal under PC 1203.4 - external link does not seal the arrest or conviction. The case will still show up on a background check, but it will show up as dismissed.

What is Section 1203.4 of the Penal Code?

Penal Code § 1203.4 – Successful Completion of Probation After successful completion or early termination of probation, you may petition the court to dismiss the charges under Penal Code §1203.4. To be eligible for consideration pursuant to PC § 1203.4, you must not be: Serving a sentence for any offense.

How do I file a petition for an expungement in Florida?

Sealing and Expunging Criminal Records Step 1: Obtaining and Completing the Application. Step 2: Submit Application to the State Attorney's Office. Step 3: Submit completed application to FDLE. Step 4: Complete and File a “Petition and Affidavit to Expunge or Seal” Step 5: Filing the Petition.

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What is Petition for Relief under Penal Code §1203.4 & §1203.4a?

A Petition for Relief under Penal Code §1203.4 & §1203.4a allows individuals who have been convicted of certain crimes to withdraw their guilty or no contest pleas and have their conviction dismissed, thereby relieving them of some legal disabilities related to the conviction.

Who is required to file Petition for Relief under Penal Code §1203.4 & §1203.4a?

Individuals who have completed their sentence, including parole and probation, and have met all conditions of their sentence may file a Petition for Relief under these codes.

How to fill out Petition for Relief under Penal Code §1203.4 & §1203.4a?

To fill out the Petition for Relief, individuals must complete a specific form provided by the court, detailing their case number, date of conviction, and compliance with the terms of their sentence, as well as signing and submitting the form to the appropriate court.

What is the purpose of Petition for Relief under Penal Code §1203.4 & §1203.4a?

The purpose is to provide a legal mechanism for rehabilitated individuals to obtain a dismissal of their conviction, which can help restore their rights and improve their employment prospects.

What information must be reported on Petition for Relief under Penal Code §1203.4 & §1203.4a?

The petition must include the defendant's name, case number, details of the conviction, confirmation of the completion of their sentence, and any other required personal information relevant to the case.