Fill Your California Dle 244 Form

Fill Your California Dle 244 Form

The California DLE 244 form is a streamlined application used to request the expungement of a DNA sample and profile from the state's DNA database. This form allows individuals to formally ask the California Department of Justice to remove their DNA information, which may have been collected under circumstances that no longer warrant its retention. Understanding how to properly complete and submit this form is crucial for those seeking to clear their records and regain their privacy.

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The California DLE 244 form serves a crucial purpose in the realm of criminal justice by allowing individuals to request the expungement of their DNA profiles from the state's DNA database. This streamlined application is specifically designed for those who believe they are no longer required to have their DNA retained due to various legal circumstances. The form requires applicants to provide personal information, including their name, address, and identification details, as well as the context in which their DNA sample was collected. Applicants must assert that they do not have any qualifying felony convictions or obligations that would justify the retention of their DNA. Furthermore, the form outlines several grounds for expungement, such as having the charges dismissed or being found factually innocent. Supporting documentation is essential, as it substantiates the claims made in the application. Completing this form is a significant step for individuals seeking to clear their records and reclaim their privacy, and understanding its components is vital for a successful submission.

Documents used along the form

The California DLE 244 form is used to request the expungement of a DNA profile and sample from the state's database. Along with this form, several other documents may be required or helpful in supporting the request. Below is a list of commonly used forms and documents that accompany the DLE 244.

  • Letter in Support of Expungement: This letter, typically from a District Attorney or prosecutor, certifies that no felony charges will be filed based on the arrest that led to the DNA sample collection.
  • Court Docket or Minute Order: A certified or file-stamped copy of the court docket or minute order that shows the dismissal of felony charges, which justifies the expungement request.
  • Clerk Certificate: A document from the trial court's Clerk that verifies the dismissal of charges related to the DNA sample.
  • Court Order or Opinion: A certified or file-stamped copy of the court order or opinion that reversed the conviction, supporting the request for DNA sample removal.
  • Finding of Factual Innocence: A certified copy of the court docket or minute order that indicates a finding of factual innocence under Penal Code section 851.8 or Welfare and Institutions Code section 781.5.
  • Acquittal Documentation: A certified or file-stamped copy of the court docket or minute order stating that the individual was acquitted or found not guilty of the offense leading to the DNA sample collection.
  • Reversed Delinquency Petition: A certified copy of the court order or opinion that reversed and dismissed a previously sustained delinquency petition alleging a felony-level offense.
  • Personal Statement: A written statement providing additional information or context regarding the expungement request, which may support the application.
  • Identification Documents: Copies of personal identification, such as a driver’s license or state ID, to verify identity and support the application.
  • Social Security Number Documentation: Any relevant documentation that verifies the applicant's Social Security Number, which may be required for processing.

Gathering these documents can strengthen the case for expungement and ensure that the request is processed efficiently. It is crucial to provide accurate and complete information to avoid delays in the application process.

Misconceptions

  • Misconception 1: The DLE 244 form is only for individuals with felony convictions.
  • This form can be used by anyone who wants to expunge their DNA profile, regardless of their conviction status. However, eligibility depends on specific circumstances related to their case.

  • Misconception 2: Once a DNA sample is taken, it cannot be removed.
  • This is not true. The DLE 244 form is designed specifically for individuals seeking to have their DNA samples and profiles removed from the California DNA database.

  • Misconception 3: You must have a lawyer to submit the DLE 244 form.
  • While legal assistance can be helpful, it is not required. Individuals can complete and submit the form on their own.

  • Misconception 4: The process is automatic once the form is submitted.
  • The California Department of Justice must review the application and verify the information before any action is taken. Approval is not guaranteed.

  • Misconception 5: You can submit the form without supporting documents.
  • Supporting documents are crucial. Without them, the request may be denied. It's important to provide all necessary documentation as outlined in the form.

  • Misconception 6: The DLE 244 form is only for those who were wrongfully convicted.
  • Anyone who believes their DNA should not be retained by the state can use this form, not just those who were wrongfully convicted.

  • Misconception 7: There is a fee to submit the DLE 244 form.
  • There is no fee associated with the submission of the DLE 244 form. Individuals can submit their requests without any cost.

  • Misconception 8: The expungement process is quick and easy.
  • The timeline can vary. It may take time for the California Department of Justice to process the request and respond.

  • Misconception 9: Once the DNA profile is expunged, no record remains.
  • While the DNA profile and sample are removed, some records related to the case may still exist in other databases or documents.

Additional PDF Templates

How to Use California Dle 244

Completing the California DLE 244 form is an important step in the process of requesting the expungement of your DNA profile and sample from the state database. After filling out the form, it will need to be submitted to the California Department of Justice for review and processing.

  1. Download the form: Obtain the California DLE 244 form from the California Department of Justice website or your local law enforcement agency.
  2. Fill in your name: Write your legal name and any other names you have used in the designated space.
  3. Provide your contact information: Enter your current address and, if applicable, your email address for communication.
  4. Input your identification details: Fill in your Social Security Number, Date of Birth, and Driver's License or State Identification Card Number.
  5. Include your CII number: If you know your California Identification & Information (CII) Number, write it in the appropriate field.
  6. State when you provided your DNA sample: Indicate the date and year you provided the DNA sample, along with the county and law enforcement agency involved.
  7. Describe the crime: If known, briefly describe the crime for which your DNA sample was taken.
  8. Assert your eligibility: Clearly state that you believe you are not required to provide a DNA sample and that there is no legal basis for retaining your DNA.
  9. Confirm the accuracy of your statements: Check the boxes to affirm that your statements regarding past offenses and registration duties are true.
  10. Choose your grounds for expungement: Select one reason for requesting the expungement and attach the necessary documentation as specified.
  11. Provide additional information: If applicable, include any extra details that support your request for expungement.
  12. Sign and date the form: Sign your name and date the application in the designated area.
  13. Mail the form: Send your completed form and any attachments to the address provided for the CAL-DNA Data Bank Program.