The court denies the petition.
(JUDICIAL OFFICER)
Form Approved for Optional Use
Judicial Council of California
CR-186/JV-798 [New January 1, 2009]
ORDER FOR EXPUNGEMENT OF DNA PROFILES AND SAMPLES
(Pen. Code, § 299)
Page 1 of 1
ORDER
The court grants the petition and orders that petitioner's DNA specimen and sample be destroyed and petitioner's
searchable database profile be expunged from the California Department of Justice's DNA and Forensic Identification
Database and Data Bank Program as required by Penal Code section 299. Additionally, the court finds (a) that
petitioner has made the necessary showing at a noticed hearing, (b) no retrial or appeal of the qualifying case (if any) is
pending, (c) at least 180 days have passed since petitioner notified the prosecuting attorney and the Department of
Justice of petitioner's request for expungement, and (d) the court has not received an objection from the Department of
Justice or the prosecuting attorney. (Pen. Code, § 299(c)(2).)
Date:
ADDITIONAL INSTRUCTIONS:
As required by Penal Code section 299(c)(2), the California Department of Justice must destroy petitioner's specimen and
sample and expunge petitioner's searchable DNA database profile on receipt of this court order, which must also include
the written petition for expungement, proof of written notice of the petition to the California Department of Justice and the
prosecuting attorney, and one of the following:
a. A certified copy of the court order reversing and dismissing the conviction or case; or
b. A letter from the prosecuting attorney certifying that:
(1) no accusatory pleading has been filed;
(2) the qualifying charges have been dismissed before adjudication;
(3) petitioner has been found factually innocent;
(4) petitioner has been found not guilty;
(5) petitioner has been acquitted of the underlying offense;
(6) the qualifying conviction has been reversed and the case dismissed; or
(7) the qualifying sustained delinquency petition has been reversed and the case dismissed.
www.courtinfo.ca.gov
CR-186/JV-798
ORDER FOR EXPUNGEMENT OF DNA PROFILES AND SAMPLES
(Pen. Code, § 299)
FOR COURT USE ONLY
PETITIONER'S INFORMATION
Court or Arresting Agency Case Number:
ATTORNEY OR PETITIONER WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.:
FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
NAME:
CII:
DRIVER'S LICENSE #:
SSN # (Last four digits only):
DATE OF BIRTH:
FOR COURT USE ONLY
Penal Code, § 299
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