Legal Arrest Dismissal Petition

LEGAL ARREST DISMISSAL PETITION

Court Name:    Case Number:

Petitioner Name:    Petitioner Address:

Respondent (Prosecuting Authority):    County:

Arrest Date:    Charged Offense(s):

RECITALS

WHEREAS, Petitioner is the individual named above who was arrested on the Arrest Date specified and was processed in the above-captioned matter; and

WHEREAS, the charging authority filed the referenced charge(s) and the matter remains pending or was disposed in a manner that leaves an arrest record; and

WHEREAS, Petitioner asserts that dismissal of the arrest, vacation of record arrest data, and related relief is warranted based on the facts, constitutional protections, statutory grounds, or prosecutorial discretion set forth below.

NOW THEREFORE, Petitioner respectfully petitions the Court for an order granting the relief requested herein and states as follows.

1. JURISDICTION

This Court has jurisdiction over the parties and the subject matter of this petition pursuant to applicable state law and court rules because the arrest occurred within the County specified and the relief requested relates to records and proceedings within this Court's territorial and statutory authority.

2. FACTUAL ALLEGATIONS

3. GROUNDS FOR DISMISSAL

Petitioner asserts one or more of the following grounds for dismissal. Check all grounds relied upon and provide brief explanation where requested.

Lack of probable cause at time of arrest.
Explanation:

Evidence obtained in violation of constitutional protections (unlawful search or seizure).
Explanation:

Prosecutorial discretion — dismissal in the interest of justice.
Explanation:

Other grounds:

4. LEGAL ARGUMENT

Petitioner contends that, under the applicable constitutional protections and controlling state law, the arrest and any subsequent detention or evidentiary use of items seized should not stand. Where probable cause was lacking or where evidence was obtained in violation of Fourth or other constitutional rights, such circumstances render continued maintenance of the arrest record contrary to law and justice.

Petitioner further asserts that retention of arrest records in this matter would result in undue prejudice, impede rehabilitation, and be inconsistent with statutory mechanisms that permit dismissal, sealing, or expungement of arrest records under circumstances demonstrated herein.

5. RELIEF REQUESTED

Petitioner respectfully requests that the Court enter an order granting the following relief (check all that apply and provide particulars where requested):

Dismissal of all charges arising from the arrest identified above.

Vacate and expunge the arrest from public records and databases.

Seal or restrict access to records relating to the arrest and subsequent processing.

Return of property seized at time of arrest.    Description of property:

6. NOTICE AND SERVICE

Petitioner requests that all further pleadings and notices in this matter be served as follows:

Email    U.S. Mail    Personal Service/Hand Delivery

7. SUPPORTING DOCUMENTS

Petitioner attaches and incorporates by reference the following exhibits in support of this petition. Identify each exhibit and briefly state relevance.

8. CERTIFICATION

Under penalty of perjury, Petitioner certifies that the facts set forth in this petition are true and correct to the best of Petitioner's knowledge and that the relief requested is warranted by the facts and law set forth herein.

9. PROPOSED ORDER

Petitioner requests that the Court enter a written order granting the relief requested, including dismissal of charges, vacation and expungement of arrest records, sealing of records, and return of property as appropriate, together with any additional relief the Court deems just and proper.

10. MISCELLANEOUS PROVISIONS

Governing Law: This petition shall be governed by and construed in accordance with the laws and procedural rules of the jurisdiction in which the Court sits.

Entire Agreement: This petition, together with any exhibits attached hereto, constitutes the entire statement of the matters pleaded and supersedes any prior representations or communications regarding the claims asserted herein.

Severability: If any provision of this petition is determined to be invalid or unenforceable, the remainder of the petition shall remain in full force and effect.

Amendments; Waiver: Any amendment or waiver of the provisions of this petition must be in writing and signed by the party to be charged; no failure or delay by any party in exercising any right shall operate as a waiver.

PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that the Court enter an order granting the relief requested in Section 5 above, award costs of filing and any further relief deemed just and proper.

Sign Now