Petition For Sealing Of Arrest Records {CRM-304}

SDSC CRM-304 (New 10/18) PETITION FOR SEALING OF ARREST RECORDS Pen. Code 247247 851.91 & 851.92 Optional Page 1 of 2 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: FAX NO.(Optional): EMAIL ADDRESS (Optional): ATTORNEY FOR (Name): FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101 PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA PETITIONER PETITION FOR SEALING OF ARREST RECORDS SUPERIOR COURT CASE NUMBER PROSECUTING AGENCY NUMBER TO THE CLERK OF THE ABOVE-ENTITLED COURT, AND TO THE PROSECUTING AGENCY LISTED BELOW: Petitioner requests that the court order the sealing of the following San Diego County arrest records and associated court records: PROSECUTING AGENCY (REQUIRED) ARRESTING AGENCY(IES) (REQUIRED) AGENCY CASE O R POLICE REPORT # (IF KNOWN) BOOKING # (IF KNOWN) DATE OF ARREST (REQUIRED) CHARGE(S) (REQUIRED) Petitioner222s date of birth (required): . City of arrest (required): . Petitioner suffered an arrest that did not result in a conviction because (check one): No charges were filed and the statute of limitations has expired on every offense upon which the arrest was based. Charges were filed, but the case was dismissed and no charges may be refiled. Charges were filed, but petitioner was acquitted of all charges. Petitioner was convicted, but the conviction was vacated or reversed on appeal, all appellate remedies have been exhausted, and none of the charges may be refiled. Petitioner states he/she is eligible for relief because: Petitioner did not intentionally evade law enforcement efforts to prosecute the arrest, including absconding from the jurisdiction where the offense took place. Petitioner did not intentionally evade law enforcement efforts to prosecute the arrest by engaging in identity fraud entitled to relief as a matter of right pursuant to Pen. Code 247 851.91(c)(1). OR not entitled to relief as a matter of right but is requesting relief in the interest of justice pursuant to Pen. Code 247 851.91(c)(2) because (check one): The offense included a domestic violence charge and the petitioner222s record demonstrates a pattern of domestic violence arrests, convictions, or both, as defined by Pen. Code 247 851.91(c)(2)(A)(ii). The offense included a child abuse charge and the petitioner222s record demonstrates a pattern of child abuse arrests, convictions, or both, as defined by Pen. Code 247 851.91(c)(2)(A)(ii). The offense included an elder abuse charge and the petitioner222s record demonstrates a pattern of elder abuse arrests, convictions, or both as defined by Pen. Code 247 851.91(c)(2)(A)(ii). American LegalNet, Inc. www.FormsWorkFlow.com SDSC CRM-304 (New 10/18) PETITION FOR SEALING OF ARREST RECORDS Pen. Code 247247 851.91 & 851.92 Optional Page 2 of 2 PETITIONER CASE NUMBER When requesting relief in the interest of justice pursuant to Pen. Code 247 851.91(c)(2), petitioner must provide a declaration stating how the interest of justice would be served by granting this petition. (This declaration is not required if petitioner is entitled to relief as a matter of right): . (If additional space is needed, attach a supplemental Declaration, JC Form #MC-030.) Waiver of Appearance (optional): Petitioner understands there is a right to personally attend any hearing held in the matter. Petitioner gives up that right and authorizes the matter to be heard without petitioner222s appearance. Petitioner222s Verification: I have read this petition and know the contents. All factual assertions in this petition are based on my own knowledge and I believe them to be true. I therefore verify the petition. I further declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: at by, . (City, State) (Signature of Petitioner) Dated: Respectfully submitted, By: Attorney for Petitioner TO BE COMPLETED BY THE PROSECUTING AGENCY ONLY: The People agree that petitioner is eligible for the requested relief as a matter of right and this petition should be granted. No hearing is requested. Petitioner is not eligible for the requested relief pursuant to Pen. Code 247 851.91 because: The petition is deficient: . Petitioner can still be charged with one or more of these offenses. Petitioner intentionally evaded law enforcement. Other: . The People oppose the requested relief. The People request this matter be calendared for a hearing and that petitioner notice all law enforcement agencies involved in the arrest. Respectfully submitted, Dated: By: District Attorney / City Attorney / Attorney General TO BE COMPLETED BY THE COURT ONLY: NOTICE OF HEARING: Petition will be heard on at in Dept. . Clerk of the Superior Court Date: by , Deputy Distribution by: on to Prosecutor Petitioner American LegalNet, Inc. www.FormsWorkFlow.com