Hearing Information and Instructions Page

Cal. Form L-113

California Superior Local Rules

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 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 offense.  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 questionnaire of application for public office, for licensure by any state or local agency, for contracting with the California State Lottery, or for purposes of serving on a jury.  Restrict the Department of Justice from disclosing the arrest and conviction in response 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 This information is for general use and not intended as full and comprehensive instruction governing the laws and rules relating to Penal Code

section 1210.1. Clerks cannot give legal advice. For further information regarding a dismissal refer to Penal code

section 1210.1 or seek legal assistance 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 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 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. Have 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 Proof 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 C60 at 8:30 Monday through Friday.

Document details

Collection	California Superior Local Rules
Citation	Cal. Form L-113
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	90aaa56046869fbc3ab48c899a57f9cb5d31f047

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