The California DLE 244 form is a streamlined application designed for individuals seeking to expunge their DNA profiles and samples from the state's DNA database. This form allows individuals to formally request the California Department of Justice to remove their DNA information, particularly if they believe there is no legal basis for its retention. If you are ready to take action, fill out the form by clicking the button below.
The California DLE 244 form is a crucial document for individuals seeking to expunge their DNA profiles from the state’s DNA database. This form is primarily used to request the California Department of Justice to destroy a DNA sample and remove the corresponding profile from the CAL-DNA Data Bank. To initiate this process, applicants must provide personal information, including their name, address, Social Security number, and details about the DNA sample collection. It is essential for individuals to assert that they are not legally required to have their DNA retained and that there is no valid reason for the state to keep their information. The form also requires applicants to check specific grounds for expungement, such as the dismissal of felony charges or a finding of factual innocence. Supporting documentation must accompany the application to substantiate the request. Ultimately, this streamlined application process aims to ensure that individuals can reclaim their privacy and remove their genetic information from state records when appropriate.
STATE OF CALIFORNIA
DEPARTMENT OF JUSTICE
DLE 244
STREAMLINED DNA EXPUNGEMENT APPLICATION FORM
PAGE 1 of 3
(Orig. 02/2011)
REQUEST TO THE CALIFORNIA DEPARTMENT OF JUSTICE CAL-DNA DATA BANK PROGRAM
TO EXPUNGE MY STATE DNA DATABASE PROFILE AND REMOVE MY SAMPLE
I,
(Insert Name) SET FORTH UNDER PENALTY OF PERJURY AS FOLLOWS:
1. My name is
(Insert legal name and other name(s)
used), and my address, or an address that I can be reached at, is:
2.My email address is: (Insert email address if you have one and would like to be contacted by email)
3.
My Social Security Number (SSN) is
; my Date of Birth is
;
and my Driver's License Number (or State Identification Card Number) is
.
4.
My CA Identification & Information (CII) Number is
(Insert number if known).
5.
On or about
(Date/Year), I provided a DNA sample for inclusion in the
CAL-DNA Data Bank Program (Penal Code section 295 et seq.) to a law enforcement agency in
County, under the name I entered above.
(Name of County where sample taken; Insert prison name if taken at a prison)
6.
To the best of my knowledge, the crime for which my DNA database sample was taken was:
(Describe or name crime if known).
7.I contend I am not required by law to provide a DNA Data Bank Sample, and there is no legal basis for the California Department of Justice to retain my DNA sample, or searchable DNA profile.
8.I certify to the best of my knowledge that all of the following statements are true:
a. I have no past or present criminal offense that qualifies me for inclusion in the CAL-DNA Data Bank
Program.
[Note: (1) If you provided a DNA sample after you were validly convicted of a felony, the fact you subsequently had that felony conviction expunged under Penal Code section 1203.4, or reduced to a misdemeanor, etc., under Penal Code section 17, does not entitle you to also have your DNA profile expunged or sample removed from the Data Bank. (See, Cal. Pen. Code,
§ 299 (f).); (2) If you provided a DNA sample after a conviction for a misdemeanor and had any past felony conviction at that time, your sample is not eligible for expungement or removal from the Data Bank. (See, Cal. Pen. Code, § 296.1(a)(2) &(3).).]
b.I have no past or present duty to register as a sex or arson offender.
[Note: Termination of the duty to register does not qualify as a reason for sample expungement. (See, Pen. Code, § 299(e).).]
c. I did not provide a DNA sample as part of a plea bargain.
PAGE 2 of 3
9.I request that the California Department of Justice destroy my DNA sample and expunge my searchable DNA database profile as provided for in Penal Code section 299, on the following grounds (CHECK ONE AND ATTACH THE DOCUMENTATION DESCRIBED):
a.
No qualifying felony charges were or will be filed after my arrest.
[Attach Letter in Support of Expungement from a District Attorney or prosecutor, providing the case name and number, and certifying that no charge(s) will be filed based on the arrest; or attach a certified or file- stamped copy of a complaint reflecting that only misdemeanor charge(s) were filed based on the arrest.]
b.
The felony charge(s) which formed the basis of my DNA sample collection was dismissed.
[Attach a certified or file-stamped copy of the court docket or minute order dismissing the charge(s), or a trial court's Clerk Certificate verifying this fact.]
c.
d.
e.
f.
The conviction which formed the basis of my DNA collection has been reversed and the case dismissed. [Attach a certified or file-stamped copy of the court order(s) or opinion reversing the conviction
and dismissing the charge(s).]
I have been found factually innocent under Penal Code section 851.8 or Welfare and Institutions Code section 781.5 of the offense which qualified me for inclusion in the CAL-DNA Data Bank Program. [Attach a certified or file-stamped copy of the court docket or minute order making this
finding.]
I was acquitted or found not guilty of the offense which qualified me for inclusion in the CAL-DNA Data Bank Program. [Attach a certified or file-stamped copy of the court docket or minute order stating this
My previously sustained delinquency petition alleging an offense that would be a felony, if committed by an adult, has been reversed and dismissed. [Attach a certified or file-stamped copy of
the court order(s) or opinion reversing the conviction and dismissing the charge(s).]
10. Additional information supporting my request for DNA sample expungement is as follows:
11.I declare under penalty of perjury that the foregoing is true and correct.
Executed on:
at
, State of
(Date)
(City)
(State)
PRINT NAME:
SIGNATURE (person requesting DNA profile expungement and sample removal)
MAIL THE REQUEST FOR DNA SAMPLE EXPUNGEMENT TO:
Department of Justice CAL-DNA Data Bank Program
Attn. EXPUNGEMENT REQUESTS
1001 West Cutting Blvd., Suite 110
Richmond, CA 94804
STATE OF CALIFORNIA DLE 244
Privacy Notice
PAGE 3 of 3
The information requested on this form is being requested by the State of California, Department of Justice (DOJ), Division of Law Enforcement, CAL-DNA Data Bank Program, for the purpose of determining eligibility for DNA sample/profile removal and expungement through use of DOJ's streamlined procedures. The maintenance of the information collected on this form is authorized by Penal Code Section 299. All information requested on this form is voluntary. However, failure to provide the requested information/documentation (e.g. identity, legal status and criminal history), as applicable, to enable DOJ to make a determination regarding a sample/profile's eligibility
for removal/expungement, will likely result in denial of the DNA sample/profile removal and expungement request. Your information provided on this form may be disclosed to federal, state and/or local law enforcement agencies, probation and parole officers, your attorney, and attorneys for the Department of Justice, and/or courts.
Pursuant to Civil Code Section 1798.30 et seq., individuals have the right [with some exceptions] to access records containing the personal information about themselves that are maintained by the agency. The CAL-DNA Data Bank Program is the agency official responsible for the system of records that maintains the information provided on this form. For more information regarding the location of your records and the categories of any persons who use the information in those records, you may contact the CAL-DNA Data Bank Program, Department of Justice, at 1001 West Cutting Blvd., Suite 110, Richmond, CA 94804, or via telephone at (510) 620-3300.
Completing the California DLE 244 form requires careful attention to detail. Ensure all information is accurate and complete before submission to avoid delays in processing your request. Once the form is filled out, it should be mailed to the appropriate address provided at the end of the form.
The California DLE 244 form is an application used to request the expungement of a DNA profile and the destruction of a DNA sample from the California Department of Justice's CAL-DNA Data Bank. Individuals who believe they are not required to have their DNA retained can use this form to formally request its removal.
Eligibility for using the DLE 244 form generally includes individuals who:
It's important to note that individuals with certain felony convictions or those who provided a DNA sample as part of a plea bargain may not be eligible.
When completing the DLE 244 form, you will need to provide various personal details, including:
Providing accurate information is crucial for the processing of your request.
To support your request for expungement, you must attach relevant documentation based on your eligibility grounds. This may include:
Make sure to review the specific requirements for documentation based on your situation.
Once you have completed the DLE 244 form and attached the necessary documentation, you should mail your application to:
Department of Justice CAL-DNA Data Bank Program Attn. EXPUNGEMENT REQUESTS 1001 West Cutting Blvd., Suite 110 Richmond, CA 94804
Ensure that you send it to the correct address to avoid any delays in processing your request.
After submitting your application, the California Department of Justice will review your request and the attached documentation. They will determine your eligibility for expungement. If your request is approved, they will destroy your DNA sample and expunge your profile from the database. If denied, you may receive a notification explaining the reasons for the denial.
Incomplete Personal Information: Many individuals fail to provide all required personal details, such as their full legal name, address, or Social Security Number. Omitting any of this information can lead to delays or denials in processing the application.
Incorrect Documentation: Applicants often attach the wrong supporting documents. For example, submitting a letter that does not clearly state the dismissal of felony charges or failing to include the necessary court documents can undermine the request.
Failure to Check Eligibility: Some individuals do not verify their eligibility before applying. If a person has a past felony conviction that disqualifies them from expungement, they may waste time and resources on an application that cannot succeed.
Missing Signatures: A common oversight is neglecting to sign the application. The form requires a signature to validate the request, and without it, the application cannot be processed.
Not Following Submission Guidelines: Applicants sometimes do not adhere to the submission instructions. Sending the application to the wrong address or using an incorrect format can result in significant delays or outright rejection of the request.
When applying to expunge your DNA profile using the California DLE 244 form, there are several other documents that may be necessary to support your request. Each of these documents serves a specific purpose and can help clarify your situation to the California Department of Justice.
Gathering these documents can strengthen your application and improve your chances of a successful expungement. Ensure that you have all necessary paperwork ready before submitting your request to the California Department of Justice.
The California DLE 244 form is similar to the California Petition for Expungement, which allows individuals to request the removal of their criminal records. Both documents require personal information, including the individual’s name and identification details. They also necessitate proof of eligibility for expungement, such as documentation showing that the individual has completed their sentence or has had their conviction dismissed. This ensures that individuals can clear their records under appropriate circumstances, promoting a second chance for those who have made efforts to rehabilitate.
Another document akin to the DLE 244 form is the Certificate of Rehabilitation. This certificate serves as a formal request to restore civil rights after a felony conviction. Like the DLE 244, it requires the individual to demonstrate that they have turned their life around and are no longer a threat to society. Both processes aim to help individuals reintegrate into the community by reducing the barriers posed by their criminal history.
The California Application for Pardon is also comparable to the DLE 244 form. This application seeks to obtain a pardon from the Governor for past offenses. Similar to the DLE 244, it requires detailed personal information and supporting documentation to justify the request. The goal of both documents is to provide individuals with a fresh start, acknowledging their efforts toward rehabilitation and the potential for positive contributions to society.
The California Request for Sealing Juvenile Records shares similarities with the DLE 244 form as well. This request allows individuals to seal their juvenile records, which can otherwise hinder their future opportunities. Both forms require the submission of evidence demonstrating that the individual has reformed and that sealing the records is in the best interest of justice. This process emphasizes the importance of allowing young offenders to move past their mistakes without the burden of a permanent record.
The California Declaration of Factual Innocence is another document that aligns with the DLE 244 form. This declaration allows individuals to assert their innocence regarding a crime for which they were wrongfully convicted. Both documents require substantial evidence to support the claim of innocence. The purpose is to clear the individual’s name and remove any associated legal burdens, ultimately providing a pathway to justice for those wrongfully accused.
The Application for Relief from Mandatory Registration as a Sex Offender is also similar. This application allows individuals to seek relief from the requirement to register as sex offenders under certain conditions. Like the DLE 244 form, it requires detailed personal information and proof that the individual no longer poses a risk. Both documents aim to assist individuals in moving forward with their lives while ensuring public safety is considered.
The California Motion to Vacate Conviction is another document that bears resemblance to the DLE 244 form. This motion allows individuals to request that a court vacate a prior conviction. It requires the individual to provide justification for the request, similar to the DLE 244's requirement for supporting documentation. Both processes serve to correct past legal mistakes and provide individuals with a chance to start anew without the stigma of a criminal conviction.
Finally, the California Application for Certificate of Rehabilitation and Pardon is also comparable. This application combines the goals of obtaining a certificate of rehabilitation and a pardon. Both documents require individuals to demonstrate their reformation and commitment to becoming law-abiding citizens. The intent behind both applications is to facilitate reintegration into society and restore the rights that may have been lost due to past convictions.
When filling out the California DLE 244 form, it's important to ensure accuracy and completeness. Here are ten tips to guide you through the process:
Following these guidelines can help streamline the process and improve your chances of a successful expungement request.
Understanding the California DLE 244 form is crucial for those seeking to expunge their DNA records. However, several misconceptions persist about this process. Here are six common misunderstandings:
In reality, applicants must provide specific documentation to support their claims. This includes court orders or letters from the District Attorney, depending on the grounds for expungement.
This is not true. If an individual provided a DNA sample after a felony conviction, expungement may not be possible, even if that conviction was later expunged.
Submitting the DLE 244 form does not guarantee that the DNA sample will be expunged. The California Department of Justice must review and approve the request based on eligibility criteria.
While there may not be a strict deadline, it is advisable to submit the form as soon as possible after the relevant legal circumstances change to avoid complications.
Although individuals can fill out the form independently, seeking legal assistance can help ensure that all necessary documentation is included and that the application is correctly completed.
This is misleading. Different rules apply depending on whether the conviction was a felony, misdemeanor, or if it involved specific offenses like sex crimes or arson.
Filling out the California DLE 244 form is a critical step for individuals seeking to expunge their DNA records. Here are key takeaways to keep in mind:
Ensure all information is accurate and complete to avoid delays in processing your request. The expungement process can significantly impact your future, so take this step seriously.