How to Schedule Hearings on Penal Code §1203.4 Petitions
This Court Policy establishes uniform scheduling procedures for petitions filed pursuant to California Penal Code (PC) section (§) 1203.4 to ensure timely processing and consistency between misdemeanor and felony cases. This policy applies to all members of the public filing PC §1203.4 petitions for dismissal. This policy is adopted by Court Administration in an effort to manage calendars and limit settings.
Court Policy and Procedure
Misdemeanor PC §1203.4 Petitions
- All petitions for dismissal filed under PC §1203.4 for misdemeanor convictions shall be scheduled at least 30 days from the date of filing.
- The hearing will be set on the misdemeanor calendar.
Felony PC §1203.4 Petitions
- All petitions for dismissal filed under PC §1203.4 for felony convictions shall be scheduled at least 30 days from the date of filing.
- The hearing will be set on the felony calendar.
- Upon filing of the petition, the Court will notify the Probation Department to prepare a PC §1203.4 supplemental report for the court’s consideration at the time of the hearing.
- Notification to the Probation Department shall be done by electronic referral upon filing of the petition.
Additional Filing and Service Requirements
Any requests for continuance must comply with existing local rules and be made in writing.
Upon filing of the petition, the parties shall serve the District Attorney’s Office.
Pursuant to PC §1203.4(d)(1), petitioner shall serve the prosecuting attorney at least 15 days prior to the noticed hearing.
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