Article Guide
The California DLE 244 form serves as a streamlined application for individuals seeking the expungement of their DNA profiles and samples from the state's DNA database. This form is particularly relevant for those who believe they are no longer required to have their DNA retained due to various legal circumstances. It requires applicants to provide personal information, including their legal name, contact details, and identification numbers, which are essential for processing the request. The form also necessitates a declaration under penalty of perjury, affirming that the applicant does not have any qualifying felony convictions or obligations that would justify the retention of their DNA sample. To support their request, applicants must indicate the specific grounds for expungement, which can include the dismissal of felony charges, a finding of factual innocence, or an acquittal. Furthermore, the California Department of Justice mandates that certain documentation accompany the application, ensuring that the grounds for expungement are substantiated. This structured process not only aims to protect individual rights but also facilitates the efficient management of DNA records within the state's law enforcement framework.
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STATE OF CALIFORNIA |
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DEPARTMENT OF JUSTICE |
DLE 244 |
STREAMLINED DNA EXPUNGEMENT APPLICATION FORM |
PAGE 1 of 3 |
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(Orig. 02/2011) |
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REQUEST TO THE CALIFORNIA DEPARTMENT OF JUSTICE
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 |
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(Insert legal name and other name(s) |
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used), and my address, or an address that I can be reached at, is: |
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2.My email address is: (Insert email address if you have one and would like to be contacted by email)
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My Social Security Number (SSN) is |
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; my Date of Birth is |
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; |
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and my Driver's License Number (or State Identification Card Number) is |
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My CA Identification & Information (CII) Number is |
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(Insert number if known). |
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On or about |
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(Date/Year), I provided a DNA sample for inclusion in the |
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County, under the name I entered above. |
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(Name of County where sample taken; Insert prison name if taken at a prison) |
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To the best of my knowledge, the crime for which my DNA database sample was taken was: |
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(Describe or name crime if known). |
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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
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.
STATE OF CALIFORNIA |
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DEPARTMENT OF JUSTICE |
DLE 244 |
STREAMLINED DNA EXPUNGEMENT APPLICATION FORM |
PAGE 2 of 3 |
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(Orig. 02/2011) |
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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
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
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
finding.]
I was acquitted or found not guilty of the offense which qualified me for inclusion in the
finding.]
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
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: |
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(Date) |
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PRINT NAME:
SIGNATURE (person requesting DNA profile expungement and sample removal)
MAIL THE REQUEST FOR DNA SAMPLE EXPUNGEMENT TO:
Department of Justice
Attn. EXPUNGEMENT REQUESTS
1001 West Cutting Blvd., Suite 110
Richmond, CA 94804
STATE OF CALIFORNIA DLE 244
(Orig. 02/2011)
STREAMLINED DNA EXPUNGEMENT APPLICATION FORM
Privacy Notice
DEPARTMENT OF JUSTICE
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,
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
Form Specifications
| Fact Name | Description |
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| Purpose | The DLE 244 form is used to request the expungement of a DNA profile and the destruction of a DNA sample from the California Department of Justice's DNA Data Bank. |
| Governing Law | This form is governed by California Penal Code Section 299, which outlines the procedures for DNA sample removal and expungement. |
| Eligibility Criteria | Applicants must demonstrate that they are not required by law to provide a DNA sample and that there is no legal basis for retaining their DNA profile. |
| Required Information | The form requires personal details, including the applicant's name, address, email, Social Security Number, and date of birth. |
| Sample Collection Date | Applicants must provide the date when their DNA sample was collected, as well as the name of the law enforcement agency involved. |
| Grounds for Expungement | Applicants must check one of several grounds for expungement, such as the dismissal of felony charges or a finding of factual innocence. |
| Documentation Requirement | Supporting documentation must be attached to the form, such as court orders or letters from a District Attorney. |
| Signature Requirement | Applicants must sign the form, declaring under penalty of perjury that the information provided is true and correct. |
| Submission Address | The completed form must be mailed to the California Department of Justice at the specified address in Richmond, CA. |
| Privacy Notice | The form includes a privacy notice explaining how the information will be used and the rights of individuals regarding their personal information. |
California Dle 244: Usage Guidelines
Once you have gathered all necessary information, you can begin filling out the California DLE 244 form. This form is essential for requesting the expungement of your DNA profile and sample from the state database. Make sure to provide accurate details to avoid any delays in processing your request.
- Start by entering your full name in the designated space.
- Provide your address or an address where you can be contacted.
- If you have an email address, include it for potential communication regarding your application.
- Fill in your Social Security Number (SSN), Date of Birth, and Driver's License or State ID Number.
- If known, enter your California Identification & Information (CII) Number.
- Indicate the date and year when you provided your DNA sample, along with the name of the county and the law enforcement agency involved.
- Describe the crime for which your DNA sample was collected, if applicable.
- State your assertion that you are not legally required to provide a DNA sample and that there is no basis for retaining your DNA.
- Certify that the following statements are true:
- You have no qualifying past or present criminal offenses.
- You have no duty to register as a sex or arson offender.
- You did not provide a DNA sample as part of a plea bargain.
- Select one of the grounds for your expungement request and attach the required documentation:
- No qualifying felony charges were filed after your arrest.
- The felony charges that led to your DNA sample collection were dismissed.
- The conviction related to your DNA collection has been reversed and dismissed.
- You have been found factually innocent of the offense.
- You were acquitted or found not guilty of the offense.
- Your delinquency petition has been reversed and dismissed.
- Provide any additional information that supports your request for expungement.
- Sign and date the form, ensuring that you include the city and state where you are signing.
- Mail your completed form and any attachments to the California Department of Justice at the address provided on the form.
Your Questions, Answered
What is the purpose of the California DLE 244 form?
The California DLE 244 form is designed for individuals who wish to request the expungement of their DNA profile from the CAL-DNA Data Bank. This process allows individuals to have their DNA samples destroyed and their profiles removed from the database, provided they meet certain eligibility criteria. The form requires personal information, details about the DNA sample collection, and grounds for the expungement request.
Who is eligible to use the DLE 244 form for expungement?
Eligibility for using the DLE 244 form hinges on specific conditions. Individuals must not have any qualifying felony convictions or a duty to register as a sex or arson offender. If a DNA sample was collected due to a felony conviction, expungement is not possible unless the conviction has been overturned or dismissed. Additionally, individuals must provide supporting documentation that validates their claim for expungement, such as court orders or letters from a District Attorney.
What documentation is required to accompany the DLE 244 form?
When submitting the DLE 244 form, applicants must include documentation that supports their request for expungement. This may include certified copies of court documents that show the dismissal of felony charges, proof of factual innocence, or evidence of acquittal. Each option for expungement has specific documentation requirements, so it is crucial to review these carefully to ensure a successful application.
How do I submit the DLE 244 form?
To submit the DLE 244 form, individuals must complete the application and gather the necessary supporting documents. Once everything is prepared, the form should be mailed to the California Department of Justice, specifically to the CAL-DNA Data Bank Program at the address provided on the form. It is important to ensure that all information is accurate and complete to avoid delays or denial of the request.
Common mistakes
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Failing to provide complete personal information. It is essential to include your full legal name, any other names used, and a reachable address. Omitting any of these details can delay the processing of your application.
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Not including your Social Security Number and other identification details. Ensure that you provide your SSN, date of birth, and driver's license or state ID number. Missing this information may result in rejection of your request.
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Incorrectly stating the reason for DNA sample collection. You must accurately describe the crime related to your DNA sample. Providing vague or incorrect information can lead to complications in your application.
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Neglecting to check the appropriate box for the grounds of expungement. You need to select one reason from the options provided and attach the necessary documentation to support your claim.
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Failing to include supporting documentation. Each reason for expungement requires specific documents. For instance, if the felony charge was dismissed, you must attach a certified copy of the court documents reflecting this outcome.
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Overlooking the penalty of perjury statement. Ensure you sign and date the application, confirming that all information is true and correct. An unsigned application may be deemed invalid.
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Not mailing the application to the correct address. Ensure you send your completed form to the California Department of Justice at the specified address for expungement requests. Incorrect mailing can lead to delays or misplacement of your application.
Documents used along the form
The California DLE 244 form is used to request the expungement of a DNA sample and profile from the state's database. When filing this request, several other documents may be required to support the application. Below is a list of commonly used forms and documents that can accompany the DLE 244 form.
- Letter in Support of Expungement: This letter is typically written by a District Attorney or prosecutor. It 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's docket or minute order is necessary when a felony charge has been dismissed. This document serves as proof of the dismissal.
- Clerk Certificate: This is a verification document from the trial court's clerk that confirms the dismissal of charges that justified the DNA sample collection.
- Court Order or Opinion: If a conviction has been reversed and dismissed, a certified copy of the relevant court order or opinion must be provided as evidence.
- Finding of Factual Innocence: A certified or file-stamped copy of the court docket or minute order indicating that the individual has been found factually innocent of the offense that led to DNA collection is required.
- Acquittal or Not Guilty Finding: 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 is necessary for the expungement request.
- Court Order for Delinquency Petition: If a previously sustained delinquency petition has been reversed and dismissed, a certified copy of the court order or opinion must be attached to the application.
These documents are essential in demonstrating eligibility for DNA sample expungement. Ensuring that all required paperwork is included can help facilitate a smoother process with the California Department of Justice.
Similar forms
The California DLE 244 form is a streamlined DNA expungement application that shares similarities with several other legal documents used for various purposes. Here’s a list of nine documents that are comparable in function or intent:
- California Petition for Expungement (Form CR-180) - This form allows individuals to request the court to dismiss a conviction, which can lead to the removal of related records, similar to how the DLE 244 seeks to remove DNA records.
- Application for Certificate of Rehabilitation (Form CR-180) - This document is used to apply for a certificate that restores rights after a felony conviction, paralleling the DLE 244’s aim to restore an individual’s status by expunging DNA records.
- Request for Sealing of Juvenile Records (Form JV-570) - Like the DLE 244, this form seeks to protect an individual’s privacy by sealing juvenile records, thereby preventing disclosure of sensitive information.
- Welfare and Institutions Code Section 781 Petition - This petition is filed to have juvenile delinquency records sealed, akin to the DLE 244’s purpose of expunging DNA profiles from state databases.
- California Penal Code Section 851.8 Petition - This document allows individuals to claim factual innocence, similar to the DLE 244’s provision for individuals asserting they should not have their DNA retained.
- Application for Pardon - This application seeks a pardon for a past conviction, which can restore rights and clear records, much like the expungement process outlined in the DLE 244.
- Request for Restoration of Firearm Rights (Form 4473) - Individuals may use this form to restore their right to possess firearms after certain convictions, paralleling the DLE 244’s goal of restoring rights by expunging DNA records.
- Petition to Vacate Conviction (Form CR-181) - This form allows individuals to vacate a conviction, which can also result in the removal of related records, similar to the objectives of the DLE 244.
- Application for Relief from Sex Offender Registration (Form 700) - This application is used to seek relief from the requirement to register as a sex offender, akin to the DLE 244’s focus on removing DNA profiles linked to certain offenses.
Each of these documents serves to help individuals navigate the legal landscape regarding their records and rights, similar to the purpose of the California DLE 244 form.
Dos and Don'ts
When filling out the California DLE 244 form, it's important to approach the process with care. Here are five essential dos and don'ts to keep in mind:
- Do provide accurate personal information.
- Do include any required documentation to support your request.
- Do double-check your entries for typos or errors.
- Don't leave any sections blank unless instructed to do so.
- Don't submit the form without signing and dating it.
Following these guidelines can help ensure that your application is processed smoothly and efficiently.
Misconceptions
Misconceptions about the California DLE 244 form can lead to confusion regarding the DNA expungement process. Here are six common misconceptions:
- Anyone can request DNA expungement at any time. Many believe that they can request the removal of their DNA sample whenever they choose. In reality, specific legal criteria must be met for a request to be considered valid.
- Expungement automatically occurs after a conviction is dismissed. Some individuals think that if their conviction is dismissed, their DNA will be automatically expunged. However, they must actively apply for expungement using the DLE 244 form.
- All DNA samples can be expunged. It is a common misconception that all DNA samples taken for any reason are eligible for expungement. In fact, samples taken after certain felony convictions may not qualify for removal.
- Providing false information on the form has no consequences. Some may believe that inaccuracies on the DLE 244 form will not affect their application. However, providing false information can lead to legal repercussions, including denial of the request.
- The process is quick and straightforward. Many assume that the expungement process is simple and fast. In reality, it can be complex and may take time, depending on the circumstances surrounding the case.
- Legal representation is not necessary. Some individuals think they can handle the expungement process without legal assistance. While it is possible to apply independently, having legal guidance can significantly improve the chances of a successful outcome.
Key takeaways
Filling out the California DLE 244 form is an important step for individuals seeking to expunge their DNA profile from the state's database. Here are key takeaways to consider:
- Personal Information Required: You must provide your legal name, address, email, Social Security Number, date of birth, and driver's license number.
- DNA Sample Context: Indicate when and where you provided your DNA sample, including the name of the law enforcement agency involved.
- Eligibility Criteria: You must assert that you are not legally required to provide a DNA sample and that there is no legal reason for the state to retain your DNA.
- Criminal History Disclosure: You need to confirm that you have no qualifying past or present criminal offenses that would keep your DNA in the database.
- Documentation is Essential: Attach supporting documents to validate your claims, such as court orders or letters from the District Attorney.
- Grounds for Expungement: Clearly state the reason for your request, selecting from several options, including dismissal of charges or a finding of factual innocence.
- Signature Required: You must sign the form, declaring under penalty of perjury that all information provided is true.
- Mailing Instructions: Send the completed form to the Department of Justice's CAL-DNA Data Bank Program at the specified address.
- Privacy Notice: Be aware that the information collected may be shared with law enforcement and other agencies, but you have rights regarding your personal information.
Understanding these aspects of the DLE 244 form can help streamline the expungement process and ensure that your application is complete and accurate.