FOR COURT USE ONLY
(JUDICIAL OFFICER)
If the order is granted under the provisions of Penal Code section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.49, the petitioner is
released from all penalties and disabilities resulting from the offense except as provided in Penal Code sections 29800 and 29900
(formerly sections 12021 and 12021.1) and Vehicle Code section 13555. In any subsequent prosecution of the petitioner for any
other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted
or the accusation or information dismissed. The dismissal does not permit a person to own, possess, or have in his or her control a
firearm if prevented by Penal Code sections 29800 or 29900 (formerly sections 12021 and 12021.1). Dismissal of a conviction
does not permit a person prohibited from holding public office as a result of that conviction to hold public office.
9.
In addition, as required by Penal Code section 299(f), relief under Penal Code sections 17(b), 17(d)(2),
1203.4, 1203.4a, 1203.41, 1203.42, or 1203.49 does not release petitioner from the separate
administrative duty to provide specimens, samples, or print impressions under the DNA and Forensic
Identification Database and Data Bank Act (Pen. Code, § 295 et seq.) if petitioner was found guilty by
a trier of fact, not guilty by reason of insanity, or pled no contest to a qualifying offense as defined in
Penal Code section 296(a).
Date:
6.
8.
The basis for an order of dismissal granted under the provisions of Penal Code section 1203.43 is the
invalidity of defendant's prior plea due to misinformation in former Penal Code section 1000.4
regarding the actual consequences of making a plea and successful completion of a deferred entry of
judgment program.
10.
If this order is granted under the provisions of Penal Code section 1203.4, 1203.41, or 1203.42,
the petitioner is required to disclose the above conviction in response to any direct question contained in any questionnaire or
application for public office, or for licensure by any state or local agency, or for contracting with the California State Lottery
Commission; and
dismissal of the conviction does not automatically relieve petitioner from the requirement to register as a sex offender.
(See, e.g., Pen. Code, § 290.5.)
a.
b.
7.
5. In granting this order under the provisions of Penal Code section 1203.49, the court finds that the petitioner was a victim of human
trafficking when he or she committed the crime. The court orders (check one)
CASE NUMBER:
PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT:
CR-181
Page 2 of 2 CR-181 [Rev. January 1, 2019]
ORDER FOR DISMISSAL
4.
The court DENIES the petition for dismissal under Penal Code (check all that apply)
ALL CONVICTIONS OR PLEAS FOR DEFERRED ENTRY OF JUDGMENT in the above-entitled action.
§ 1203.49 for (check one)
only the following convictions or pleas for deferred entry of judgment in the above-entitled action (specify charges and
date of conviction or plea for deferred entry of judgment):
§ 1203.41
§ 1203.42 § 1203.43
§ 1203.4
§ 1203.4a
If the order is granted under the provisions of Penal Code section 1203.49, the Department of Justice is hereby notified that
petitioner was a victim of human trafficking when he or she committed the crime, and of the relief ordered.
a.
b.
a.
b.
the relief described in section 1203.4.
the relief described in section 1203.4, with the following exceptions (specify):
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