Fill and Sign the Cr 186jv 798 Form

The court denies t he 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 or ders that petitioner's DNA specimen and sample be destroyed and petitioner's searchable database profile be expunged from the California Departm ent of Justice's DNA and Forensic Identification Database and Data Bank Program as r equired by Penal Code section 299. Ad ditionally, 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 petition er notified the pros ecuting attorney and the Department of Justice of petitioner's request for expungement, and (d) the co urt has not received an objecti on from the Department of Justice or the prosecuting attorney. (Pen. Code, § 299(c)(2).) Date: ADDITIONAL IN STRUCTIONS: 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 fo r 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 reve rsing and dismissing the conviction or case; or b. A letter from the prosecut ing attorney certifying that: (1) no accusatory pleading has been filed; (2) the qualifying charges hav e been dismissed before adjudication; (3) petitioner has been found factually innocent; (4) petitioner has been found not guilty; (5) petitioner has been ac quitted of the underlying offense; (6) the qualifying conviction has been reversed and the case dismissed; or (7) the qualifying sustained delinquency pet ition has been reversed and the case dismissed. 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