Download California Dle 244 Form

What is the California DLE 244 form?

The California DLE 244 form is a streamlined application used to request the expungement of a DNA sample and the removal of a DNA profile from the California Department of Justice's CAL-DNA Data Bank. Individuals who believe they are not legally required to have their DNA retained can use this form to initiate the expungement process.

Who is eligible to use the DLE 244 form?

Eligibility to use the DLE 244 form generally applies to individuals who have provided a DNA sample but do not have any qualifying felony convictions or a duty to register as a sex or arson offender. Additionally, if a person has been found factually innocent or had their felony charges dismissed, they may also qualify for expungement.

What information do I need to provide on the form?

When completing the DLE 244 form, individuals must provide various personal details, including:

1. Full legal name and any other names used.
2. Contact address and email address (if applicable).
3. Social Security Number, Date of Birth, and Driver's License Number.
4. California Identification & Information (CII) Number, if known.
5. Details about the DNA sample collection, including the date, location, and the crime associated with it.

What documentation do I need to attach?

Applicants must attach relevant documentation that supports their request for expungement. This may include:

• A letter from a District Attorney or prosecutor confirming that no felony charges will be filed.
• A certified copy of court documents showing that felony charges were dismissed or convictions were reversed.
• Any other documentation that demonstrates the individual's eligibility for expungement.

Where should I send the completed DLE 244 form?

The completed DLE 244 form and any supporting documents should be mailed to the following address:

Department of Justice
CAL-DNA Data Bank Program
Attn. EXPUNGEMENT REQUESTS
1001 West Cutting Blvd., Suite 110
Richmond, CA 94804

What happens after I submit the DLE 244 form?

Once the California Department of Justice receives the DLE 244 form, they will review the application and supporting documentation. If the request meets the eligibility criteria, the department will proceed with the expungement process. Applicants may be contacted for additional information if necessary.

Is there a fee associated with submitting the DLE 244 form?

There is no fee required to submit the DLE 244 form for DNA sample expungement. However, applicants should ensure that all required documentation is provided to avoid delays in processing their request.

When filling out the California DLE 244 form, it is important to follow specific guidelines to ensure your application is processed correctly. Here are seven things to keep in mind:

• Do provide your full legal name and any other names you have used.
• Do include a valid address where you can be reached.
• Do attach all required documentation to support your request for expungement.
• Do ensure that your statements about your criminal history are accurate and truthful.
• Don't leave any sections of the form blank; complete every required field.
• Don't submit the form without verifying that all information is correct.
• Don't forget to sign and date the form before sending it.

Following these guidelines can help facilitate the processing of your application.

There are several misconceptions about the California DLE 244 form. Understanding these can help individuals navigate the expungement process more effectively.

• Misconception 1: Anyone can request expungement of their DNA sample.

Not everyone is eligible. If a person provided a DNA sample after a felony conviction, they may not qualify for expungement, even if that conviction was later expunged.

• Misconception 2: A previous felony conviction does not affect DNA expungement eligibility.

This is incorrect. If a person had a felony conviction when they provided their DNA sample, they cannot have it expunged simply because the conviction was later reduced or dismissed.

• Misconception 3: Expungement means the DNA sample is automatically destroyed.

Expungement is a process that requires a formal request. The California Department of Justice must approve the request before the DNA sample is destroyed.

• Misconception 4: The process is the same for all types of offenses.

The eligibility for expungement depends on the nature of the offense. Misdemeanor convictions have different rules compared to felony convictions.

• Misconception 5: You do not need to provide documentation with your request.

Documentation is crucial. Applicants must attach supporting documents to prove their eligibility for expungement, such as court orders or letters from prosecutors.

• Misconception 6: Once a DNA sample is taken, it can never be removed.

This is false. Individuals can request the removal of their DNA sample if they meet specific criteria outlined in the DLE 244 form.

When navigating the process of expunging a DNA profile in California, it’s helpful to be aware of other forms and documents that may be necessary alongside the California DLE 244 form. Each of these documents plays a crucial role in supporting your request and ensuring that all legal requirements are met.

• Letter in Support of Expungement: This document is typically provided by a District Attorney or prosecutor. It certifies that no felony charges will be filed based on your arrest, strengthening your case for DNA sample removal.
• Court Docket or Minute Order: A certified or file-stamped copy of this document is essential if the felony charges that led to your DNA collection were dismissed. It serves as official proof of the dismissal.
• Clerk Certificate: This certificate from the trial court verifies that the felony charge(s) against you were dismissed. It is a key piece of documentation to include with your application.
• Finding of Factual Innocence: If you have been found factually innocent under Penal Code section 851.8, you will need to provide a certified or file-stamped copy of the court docket or minute order that reflects this finding.
• Acquittal Documentation: If you were acquitted or found not guilty of the offense that led to your DNA collection, you must submit a certified or file-stamped copy of the relevant court docket or minute order.
• Reversed Delinquency Petition: In cases where a previously sustained delinquency petition has been reversed and dismissed, a certified or file-stamped copy of the court order or opinion is necessary to support your request.
• Additional Supporting Information: Any other documentation that provides context or additional support for your request for DNA expungement can be included. This might consist of personal statements or other relevant records.

Gathering these documents can streamline the expungement process and improve your chances of a successful outcome. Always ensure that you have the most up-to-date and accurate information to support your case.