01/01/2023 – Revised

Cal. Form L-2219

California Superior Local Rules

Optional Use Form # L-2219 01/01/2023 – Revised PETITION FOR RELIEF (INMATES TRAINED AS FIRE FIGHTERS) Penal Code

Section 1203.4b ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Address, Telephone No., Email) ATTORNEY FOR (Name): Bar No.: COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE JUSTICE CENTER: Central – 700 Civic Center Drive West, Santa Ana, CA 92701-4045 Harbor – 4601 Jamboree Road, Newport Beach, CA 92660-2595 North – 1275 North Berkeley Avenue, Fullerton, CA 92832-1258 West – 8141 th Street, Westminster, CA 92683-4593 People of the State of California vs. People of the State of California Defendant: PETITION FOR RELIEF (INMATES TRAINED AS FIRE FIGHTERS) PURSUANT TO PENAL CODE

SECTION 1203.4b Case Number(s): Driver’s License: Date of Birth: 1. I am the Defendant Attorney for Defendant in the above-entitled action. 2. On the date(

s) of _____________________, the defendant was convicted of the following offense(s)/violation of section(s): (List All) ________________________________________________________________________________________ 3. Petitioner / Defendant declares: The defendant was sentenced in Orange County and is not currently charged with the commission of any other offense. The defendant never been convicted of any of the following crimes: Murder; Kidnapping; Rape; as defined in Penal Code

section 261(a)(2) or (6) or Penal Code

section 262(a)(1) or (4); Lewd acts on a child under 14 years of age, as defined in Penal Code 288; any felony punishable by death or imprisonment in the state prison for life; any sex offense requiring registration pursuant to Penal Code 290; Escape from a secure perimeter within the previous 10 years; or Arson.

While in custody for the crimes/convictions listed in item 2, the defendant successfully participated in the California Conservation Camp program or an Institutional Firehouse Program as an incarcerated individual hand crew member, as determined by the Secretary of the Department of Corrections and Rehabilitation and has been released from custody.

Conservation Camp or an Institutional Firehouse Program: Training date: ____________ Completion date: _____________ While in custody for the crimes/convictions listed in item 2, the defendant successfully participated as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, and has been released from custody. County incarcerated individual hand crew: Training date: ________________ Completion date: ________________ The defendant is currently on Parole Supervision Probation Supervision Supervised Release.

The defendant has not violated any terms or conditions of that supervision or release prior to and during the pendency of the petition for relief and requests that supervision be terminated. 4. The defendant requests: that the court permit the defendant to withdraw the plea of guilty or plea of nolo contendere and enter a plea of not guilty. having been convicted after a plea of not guilty, that the court set aside the verdict of guilt. 5.

The defendant requests that the court dismiss the accusations or information against the defendant, and the defendant thereafter be released from all penalties and disabilities resulting from the offense(

s) of which the defendant has been convicted (See Item 2), except as provided in

Section of the Vehicle Code. 6. 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 of Petitioner) Optional Use Form # L-2219 01/01/2023 – Revised PETITION FOR RELIEF (INMATES TRAINED AS FIRE FIGHTERS) Penal Code

Section 1203.4b People’s Response The People Submit to the Court’s Discretion The People Object to this Petition (see attached Response) ________________________________________ ________________________________________________ (Type or print name – Attorney for the People) (Signature of Attorney for The People) COURT ORDER Having received and reviewed certification by the Secretary of the Department of Corrections and Rehabilitation or the appropriate county authority that the defendant/petitioner successfully participated in the California Conservation Camp program or an Institutional Firehouse Program as an incarcerated individual hand crew member, as a member of a county incarcerated individual hand crew and has been released from custody: The Court GRANTS the petition, and it is ordered: That the defendant/petitioner be permitted to withdraw the plea(

s) of guilty or plea(

s) of nolo contendere for the convictions listed in Item and enter a plea(

s) of not guilty. That the verdict of guilty for the conviction(

s) in Item be set aside. That the accusations or information(

s) related to the crimes listed in Item be dismissed against the defendant/petitioner, and the defendant/petitioner shall thereafter be released from all penalties and disabilities resulting from the offense of which the defendant has been convicted, except as provided in

Section of the Vehicle Code. The Court orders parole, probation, or supervised release terminated. The Court reviewed the previously ordered restitution and deems it a Civil Judgment pursuant to Penal Code

section 1214(b). Defendant / Petitioner is informed: • that in any subsequent prosecution of the defendant for any offense, the prior conviction(

s) subject to this order may be pleaded and proved and shall have the same effect as if the accusation or information had not been dismissed. • that this order does not relieve the defendant of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, the Commission on Teacher Credentialing, a peace officer, for licensure by any state or local agency or federally recognized tribe, or for contracting with the California State Lottery Commission. • that dismissal of an accusation or information pursuant to this

section does not permit a person to own, possess, or have in the person’s custody or control any firearm or prevent their conviction under

Chapter 2 (commencing with

Section 29800) of Division of Title of

Part 6. • that dismissal of an accusation or information underlying a conviction pursuant to this

section does not permit a person prohibited from holding public office as a result of that conviction to hold public office. • that this order does not relieve the defendant of previously ordered victim restitution. • That any unexpired criminal protective orders that have been issued by the court shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal or the granting of conviction record relief, of the underlying accusation or information. The Court DENIES the petition without prejudice.

Matter is set for hearing at 9:00 am on __________ in Dept _________. Date: _________________________ ________________________________________________ (Judicial Officer of the Superior Court)

Document details

Collection	California Superior Local Rules
Citation	Cal. Form L-2219
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	4f922951cd163e027df7541a711e0c7b4b81075a

Source file is stored in the law ingest library (pdf).