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Order For Relief Under Penal Code 1203.4 1203.4a 1203.41 SUPCR1111 - California

Order For Relief Under Penal Code 1203.4 1203.4a 1203.41 Form. This is a California form and can be used in Criminal Santa Cruz Local County .
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PETITIONER OR ATTORNEY: ____________________________________ STATE BAR NUMBER: ____________ ADDRESS: TELEPHONE NUMBER: E-MAIL ADDRESS: SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ 701 OCEAN STREET, ROOM 120 SANTA CRUZ, CALIFORNIA 95060 Defendant Name: _______________________ Case Number: _______________ Date of Birth: ____________ ORDER FOR RELIEF UNDER Penal Code §1203.4 PC, §1203.4a PC, §1203.41 PC Hearing Date: Department: Time: 1. 2. 3. 4. The court denies the petition without prejudice. The court grants the petition. The court finds from the records on file in this case, and from the foregoing petition, that the defendant is eligible for the relief requested. a. The court reduces the felony offense to a misdemeanor per Penal Code 17(b). b. The court denies the request to reduce the felony offense to a misdemeanor. It is ordered that the plea, verdict, or finding of guilt regarding the following convictions in the above-entitled action be set aside and vacated and a plea of not guilty be entered and that the complaint be, and is hereby, dismissed (specify charges and dates of convictions): _______________________________________________________________________________________________________________ 5. If this order is granted under the provisions of Penal Code section 1203.4, 1203.4a or 12013.4 PC: a. The defendant is required to disclose the above conviction in response to any direct questions contained in any questionnaire or application for public office or for licensure by any state or local agency or for contraction with the California State Lottery Commission. b. Dismissal of the conviction does not relieve a person from the requirement to register as a sex offender under Penal Code section 290. (Penal Code section 290.5) c. The defendant may also be eligible to obtain a certificate of rehabilitation and pardon under the procedure set forth in Penal Code section 4852.01 et seq. If the order is granted under the provision of either Penal Code section 1203.4, 1203.4a or 1203.41, the defendant is released from all penalties and disabilities resulting from the offense except as provided in Penal Code section 29800 and 29900 (formerly sections 12021 and 12021.1) and Vehicle Code Section 13555. The dismissal does not permit a person to own, possess, or have in his or her control a firearm if prevented by Penal Code sections 29800 or 29900 (formerly sections 12021 and 12021.1). Dismissal of the conviction does not permit a person prohibited from holding public office as a result of that conviction to hold public office. In addition, as required by Penal Code section 299(f), relief under Penal Code section 17(b), 1203.4, 1203.4a or 1203.41 does not release defendant from the separate administrative duty to provide specimens, samples, or print impressions under the DNA and Forensic Identification Database and Data Bank Act (Pen. Code, 295 et seq.) if 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). 6. 7. Date: ________________________ ___________________________________________ (Judicial Officer's Signature) SUPCR1111 (New 7/1/14) ORDER FOR RELIEF UNDER (Optional) PENAL CODE §1203.4, §1203.4a, §1203.41 PC Penal Code §1203.4, §1203.4a, §1203.4.41 American LegalNet, Inc. www.FormsWorkFlow.com
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