Legal Question in Criminal Law in California

I live in Sacramento, CA.

I am in the process of petitioning for a dismissal of my misdemeanor petty theft. it has been a year now, and i have paid all fees, no probation was given, and i have not committed any new crimes.

I need help filling out the paper. I am aware that the file I need is available online. Will I be able to get my case number online as well? Also, do I need a copy of my criminal record to help with filling out the file?

After filling out the papers, I don't know what to do next? Will I have to take it to the court to turn it in and pay the fee of $120? Also, where do I turn it in?


Asked on 12/01/09, 3:06 am

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

The Sacramento Superior Court has an online website where you can get your case number.

The court clerk's office in most counties has a guide to applying for a dismissal of your criminal case, which is available for the cost of the copies -- usually less than ten dollars. It will provide a more complete guide to the process than is practical to give on this forum.

You may be eligible for a waiver of the fees. Technically, you are only supposed to be charged after the hearing, but many counties don't follow this law.

Copies of your petition for dismissal must be served on the District Attorney and the probation department. Because you are a party to the case, you cannot serve them yourself.

If you were represented by the Public Defender, check with the PD's office. They may handle the process for you.

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Answered on 12/06/09, 5:23 pm


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