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SUPERIOR COURT OF CALIFORNIA OF ORANGE COUNTY SELF-HELP (The Superior Court of California - County of Orange)

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SHC-CRIM-02 (Rev. 08/07/2020)
Please visit our Self-Help Portal at: https://selfhelp.occourts.org
LamoreauxJusticeCenter
Room C-190
341TheCityDrive
Orange,CA
HarborJusticeCenter
R
oom107,Self‐HelpWindow
4601JamboreeRoad
NewportBeach,CA
Cen
tralJusticeCenter
RoomG‐100
700CivicCenterDrive
SantaAna,CA
SuperiorCourt
Ser
viceCenter
27573PuertaReal
MissionViejo,CA
NorthJusticeCenter
R
oom355
1275N.BerkeleyAvenue
Fullerton,CA
WestJusticeCenter
1
st
Floor
814113thStreet
Westminster,CA
SUPERIOR COURT OF CALIFORNIA
COUNTY
OF ORANGE
SELF-HELP CENTER
www.occourts.org/self-help
PETITION FOR DISMISSAL
UNDER PENAL CODE §1210.1(e)(1)
The Self-Help Center provides a free document review
service. To obtain an appointment to have your documents
reviewed, you must first fully complete the forms.
Pleaseuseblackink.
Self-Help Center Locations:
Form Approved for Optional Use
Form # L
-113
Revised [June 14,2 011]
Petition for Relief under Penal Code 1210.1(e)(1)
and Notice of Hearing
Information and Instructions
Page 1 of 2
Penal Code § 1210.1(e)
(1)
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
Petition for Relief under Penal Code 1210.1(e)(1)) & Notice of Hearing
Information and Instructions
INFORMATION:
After successful completion of the drug treatment program, a defendant may petition the
court to dismiss the charges. The court shall conduct a hearing in order to determine
whether the defendant has successfully completed the drug treatment and has
substantially complied with the terms of probation, including refraining from the use of
drugs.
Successful completion of treatment means a defendant has completed the required
drug treatment program and there is reasonable cause to believe the defendant will not
abuse controlled substances in the future.
GRANTING OF THIS PETITION
Does…
Does Not…
Release the defendant from all penalties and
disabilities resulting from the convicted
of
fense.
Allow
the defendant to indicate that he or
she was not arrested or convicted for the
offense except in response to any direct
question contained in any questionna
ire of
application for public office, for licensure by
any state or local agency, for contracting
with t
he California State Lottery, or fo
r
purposes
of serving on a jury.
Restrict the Department of Justice from
disclosing the arrest and conviction in
respo
nse to any peace officer application
request or law enforcement inquiry.
Permit
the defendant to own, possess or
have in his or her custody or control any
concealable firearm.
Common reasons for denial include:
Failure to successfully complete treatment
Failure to comply with the terms of probation
Failure to pay all court costs, fees and fines
A new law violation after being placed on probation
nal Code section 1210.1.
Clerks cannot give legal advice. For further information regarding a dismissal
from an attorney.
Form Approved for Optional Use
Form # L
-113
Revised [June 14,2 011]
Petition for Relief under Penal Code 1210.1(e)(1)
and Notice of Hearing
Information and Instructions
Page 2 of 2
Penal Code § 1210.1(e)
(1)
INSTRUCTIONS- Petition for Dismissal & Notice of Hearing form
Follow the instructions below to file the petition and have your case placed on calendar for a
dismissal hearing. Incomplete forms will not be filed and will be returned for correction.
Read the entire instructions before
you complete the form.
1
Complete a
Petition for Dismissal Under Penal Code 1210.1(e)(1) and Notice of Hearing
form (L
-118).
Note
: read the service requirements before selecting a hearing date.
2
Make 3 copies
and distribute as follows:
Court (original)
Probation Department (copy)
Prosecutor (copy)
Defendant (copy)
3
Serve a copy of the petition on the
prosecutor and the Probation Department.
If personal service then…
If mailing notice then…
a. Select a hearing date*
no sooner
than 30 days.
b.
Deliver a completed copy of the
petition to the prosecutor and
Probation Department.
c. H
ave the original and one copy
stamped with an
acknowledgment
to indicate the
document has been received.
a. Select a hearing date*
no sooner than
35 days (to allow for mailing time).
b. Complete a Proof of Service.
c. Mail a copy of the petition and Pro
of of
Service to the prosecutor and
Probation Department.
Note: A copy of the proof of service
must
be attached to all copies including the
original.
*See below for hearing schedule.
4
File the completed petition with the Criminal Department at the appropriate justice center.
Note:
On the hearing date, appear in court with any and all documents which will support
your request
. The court may continue the hearing if additional information is necessary.
Hearing Schedule
Misdemeanors
Felonies
Central Justice Center
Dept. C60 at 8:30
Monday through Friday
Harbor Justice Center
Dept. H4 at 8:30
Monday through Friday
North Justice Center
Department N7 at 8:30
Thursdays only
West Justice Center
Department W3 at 8:30
Fridays only
All felony
PC 1210.1 dismissal
hearings are to be heard at the
Central Justice Center in Department
C
60 at
8:30 Monday through Friday.
Approved for Optional Use
For
m # L-118
[Revised May 3, 2013]
PETITION FOR DISMISSAL UNDER PENAL CODE
1210.1(e)(1) & NOTICE OF HEARING
Penal Code §1210.1(e)(1)
Form #L-118
The defendant in the above-entitled criminal action was convicted of the felony/misdemeanor violation of section(s)
_____________________________ of the ____________________________ on _________________________.
[SECTION(S)] [CODE(S)] (DATE)
I am the attorney for the petitioner and state the following on information and belief:
The defendant has successfully completed treatment as defined in Penal Code section 1210(c) and substantially
complied with the conditions of probation.
Defendant requests that the conviction on which the probation was based be set aside and the court dismiss this
action pursuant to Penal Code section 1210.1(e)(1).
A hearing on the Petition for Dismissal is scheduled for _____________ at _______ AM/PM in Department _____.
(DATE) (TIME) (DEPT.)
I, the u
ndersigned, say: I am the ______________ (attorney/defendant) in this action. I declare under penalty of
perjury under the laws of the State of California that the foregoing statements are true and correct, except as to
those matters that are stated on my information and belief, and as to those matters, I believe them to be true.
Date: _____________________
(TYPE OR PRINT NAME)
(SIGNATURE OF PETITIONER/ATTORNEY)
ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name & Address):
TELEPHONE NO.:
FAX NO. (Optional):
E
-MAIL ADDRESS (Optional): BAR NO.:
ATTORNEY FOR
(Name):
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
JUSTICE CENTER:
Central - 700 Civic Center Dr. West, Santa Ana, CA 92701-4045
Harbor-Newport Beach Facility - 4601 Jamboree Rd., Newport Beach, CA 92660-2595
North - 1275 N. Berkeley Ave., P. O. Box 5000, Fullerton, CA 92838-0500
West - 8141 13
th
Street, Westminster, CA 92683-4593
PEOPLE OF THE STATE OF CALIFORNIA vs.
PETITION FOR DISMISSAL UNDER PENAL CODE 1210.1(e)(1) &
NOTICE OF HEARING
CASE NUMBER:
Approved for Optional Use
Form # L
-136
[Revised May 3, 2013]
ORDER UNDER PENAL CODE 1210.1(e)(1)
Penal Code §1210.1(e)(1)
Form #L-136
ORDER
The court denies the Petition for Dismissal under Penal Code 1210.1(e)(1).
It appearing to the court from the records on file in this case and from the Petition that the
defendant is eligible for the relief requested, IT IS ORDERED that the conviction be set aside,
and the applicable count(s) on the accusatory pleading be dismissed. Further, the defendant is
released from all penalties and disabilities resulting from the offense(s) of which he or she has
been convicted, and both the arrest and conviction are deemed never to have occurred, except
that:
1)
The dismissal does not permit a person to own, possess, or have in his or her custody
or
control any firearm capable of being concealed upon the person or prevent his or her
conviction under PC 1202
1;
2)
The arrest and conviction on which probation was based may be recorded by the Department
of Justice and disclosed in response to any peace officer application request or any law
enforcement inquiry;
3)
The defendant must disclose the arrest and conviction in response to any direct question
contained in any questionnaire or application for public office, for a position as a peace officer,
for licensure by any state or local agency, for contracting with the California State Lottery, or
for purposes of serving on a jury
.
Date
d: _____________________
JUDGE OF THE SUPERIOR COURT
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
JUSTICE CENTER:
Central - 700 Civic Center Dr. West, Santa Ana, CA 92701-4045
Harbor-Newport Beach Facility - 4601 Jamboree Rd., Newport Beach, CA 92660-2595
North - 1275 N. Berkeley Ave., P. O. Box 5000, Fullerton, CA 92838-0500
West - 8141 13
th
Street, Westminster, CA 92683-4593
FOR COURT USE ONLY
PEOPLE OF THE STATE OF CALIFORNIA vs.
ORDER UNDER PENAL CODE 1210.1(e)(1)
CASE NUMBER:
Form #L-129
Form Adopted for Optional Use
Form #L-129
[Rev. 08/30/17]
PROOF OF SERVICE
(Petition for Dismissal under Penal Code 1210.1(d) &
Notice of Hearing)
Penal Code § 1210.1(d)
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
FOR COURT USE ONLY
SUPERIOR COURT OF CAL IFORNIA, COUNTY OF ORANGE
JUSTICE CENTER:
Central - 700 Civic Center Dr. West, Santa Ana, CA 92701
Harbor-Newport Beach Facility - 4601 Jamboree Rd., Newport Beach, CA 92660-2595
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.
PROOF OF SERVICE
(Petition for Dismissal under Penal Code 1210.1(d) & Notice of Hearing)
CASE NUMBER:
Mail Personal Service
1. At the time of service I was at least 18 years of age and not a party to this legal action.
2. My residence or business address is (specify):
3. I served a copy of the Petition for Dismissal under Penal Code 1210.1(d) & Notice of Hearing as follows (complete either a or
b):
a. Mail. I am a resident of or employed in the county where the mailing occurred.
(1) I enclosed a copy in an envelope and
(a) deposited the sealed envelope with the United States Postal Service, with the postage fully
prepaid.
(b) placed the envelope for collection and mailing on the date and at the place shown below,
following our ordinary business practices. I am readily familiar with this business’s practice for
collecting and processing correspondence for mailing. On the same day that correspondence is
placed for collection and mailing, it is deposited in the ordinary course of business with the United
States Postal Service, in a sealed envelope with postage fully prepaid.
(2) The envelope was addressed and mailed as follows:
(a) Please check appropriate box(es): O.C. District Attorney or City Attorney (as applicable)
O.C. Probation
(b) Address on envelope(s):
(c) Date of Mailing:
(d) Place of mailing (city and state):
b. Personal delivery. I personally delivered a copy as follows:
(1) Please check appropriate box(es): O.C. District Attorney or City Attorney (as applicable)
O.C. Probation
(2) Address where delivered:
(3) Date delivered:
(4) Time delivered:
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)
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SUPERIOR COURT OF CALIFORNIA OF ORANGE COUNTY SELF-HELP (The Superior Court of California - County of Orange)

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Completed 4 January 2021

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