Criminal Law Questions? Ask a Criminal Lawyer.
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Which county is this in?
Orange County...but would also like to know the procedure in Los Angeles County as well. I would imagine that the procedure would not change really from county to county in California.
Fill out the following form: http://www.occourts.org/forms/local/l92.pdf. Take it to the clerk of the Superior Court to get it filed and a hearing scheduled. This form is an all-inclusive form, meaning that service on the government and the proposed order is included. You'll get a hearing, and you should show up to this hearing to have it heard. This form is Orange County specific. I could not find a form for Los Angeles County, but you should contact their clerk of court and see if they have court specific forms available for you (my guess is that they would). The procedure would be the same there.
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Would you file the 1203.4 petition for dismissal at the same time?
Also that is a form petition for a misdemeanor (as stated atop the form), we are dealing with a felony. What form should be used for a petition for early termination on a felony probation?
Yes, you would want to file these at the same time. File a PC 1203.3 petition to have probation terminated early, file a PC 17(b) petition to get felony reduced, and PC 1203.4 petition for expungement. Here are the forms that you can use for this: http://www.amadorcourt.org/localforms/criminal/CRIM026%20%201203.4%20Forms%20%20IP.pdf
That form is for the county of Amador.
Yes. I could not find a specific form for Orange County that relates to felonies. You can find all the forms that Orange County has on its website here: http://www.occourts.org/forms/formscriminal.html. My suggestion is that you can either modify the Orange County form to reflect the felony, or modify the Amador form to reflect that this is Orange County. I have not been able to find exactly the form that you need. Now it is also possible that they have this form available in print, but not online, so you should certainly contact the clerk of the superior court as well to see about this.
How do you modify a form?
In this instance, it would require either the old fashioned White-Out, or better yet complete the form and then upload it to a site that you can edit the PDF, such as http://www.pdfescape.com/. You can electronically "White-Out" the form and then enter in text. It takes just a little bit of time and not much of a learning curve.
Will the court accept modified forms like that?
Typically, yes. But you first want to see if they have the form that you're looking for in a physical format before you go and modify the forms online.
If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!
Where it says "case calendared" and has space to fill it in, is this for me to fill in? If so where do you get the appropriate info from to fill it in?
No, that will be for the court clerk to complete when you go and file this.
What is filing by mail?
If the clerk allows this, they will still calendar a date, and should notify you of it. If not, you can call and find out when the hearing is.
Okay thanks for your help.
My Pleasure. Again, good luck to you!