Misdemeanor Petition For Dismissal Packet {PKT-026} | Pdf Fpdf Docx | California

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Misdemeanor Petition For Dismissal Packet {PKT-026} | Pdf Fpdf Docx | California

Last updated: 2/15/2024

Misdemeanor Petition For Dismissal Packet {PKT-026}

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Description

PKT-026 - MISDEMEANOR PETITION FOR DISMISSAL PACKET (PENAL CODE §§ 1203.4 & 1203.4a). This packet is used in the Superior Court of California, County of San Diego, for individuals seeking to have their misdemeanor convictions dismissed. It includes several forms, the Petition for Dismissal - General Information (Misdemeanor), the Petition for Dismissal - Petition (Felony/Misdemeanor), and the Work Up Sheet - Petition for Dismissal. Eligibility for dismissal under Penal Code section 1203.4 depends on various factors, including whether probation was granted and fulfilled, and whether the petitioner has lived an honest and upright life since the pronouncement of judgment. Ineligible violations are listed, and certain case statuses, such as cases where bail was forfeited and no plea was entered, are not eligible for relief. The petitioner must file the petition in the court where the matter was adjudicated and serve notice to the prosecuting agency. The processing time for the petition may take approximately four to eight weeks, and if granted, relief may result in the petitioner's eligibility for a certificate of rehabilitation and pardon. The packet includes a Petition for Dismissal form to be filled out by the petitioner or their attorney, along with a Notice of Hearing form indicating the scheduled hearing date and time. Additionally, a Work Up Sheet is included for completion by the petitioner or their representative, providing information such as personal details, charges, and probation history, which is completed by the Background Investigation Unit or Probation Investigator. wwww.FormsWorkflow.com

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