CR-186 - Order for Expungement of DNA Profiles and Samples (Pen. Code, § 299)

Summary

Order for Expungement of DNA Profiles and Samples (Pen. Code, § 299)

Text

Form ID: CR-186
Title: Order for Expungement of DNA Profiles and Samples (Pen. Code, § 299)
Effective Date: 2009-01-01
Mandatory Form: no
Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-186
Primary Download URL: https://www.courts.ca.gov/documents/cr186.pdf
Form Detail Page:
Order for Expungement of DNA Profiles and Samples (Pen. Code, § 299)
(CR-186)
States a court's decision on a request to destroy and expunge your DNA profile in the state database.
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Effective: January 1, 2009
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PDF Text:
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)
Penal Code, § 299
www.courts.ca.gov
CR-186/JV-798
FOR COURT USE ONLY
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:
ORDER FOR EXPUNGEMENT OF DNA PROFILES AND SAMPLES 
(Pen. Code, § 299)
NAME: 
CII: 
DRIVER'S LICENSE #: 
SSN # (Last four digits only): 
DATE OF BIRTH:
PETITIONER'S INFORMATION
ORDER
The court denies the petition.
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:
(JUDICIAL OFFICER)
FOR COURT USE ONLY
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.
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  Form ID: CR-186 Title: Order for Expungement of DNA Profiles and Samples (Pen. Code, § 299) Effective Date: 2009-01-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-186 Primary Download URL: https://www.courts.ca.gov/documents/cr186.pdf Form Detail Page: Order for Expungement of DNA P…

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  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…