I have misdemeanor cases and felony cases in Orange County that I would like dismissed. Do I need to go to each court separately?

If you have at least one felony, we will open the file at our Main Office and assist you with seeking the dismissals at the branch courts by sending copies of your application packets and documents to the appropriate branch court. If you do not have a felony conviction, and only need assistance with a misdemeanor case, you should download the packet and mail or personally return it to our branch court office where your case was handled.

My cases are old. Is there a time limit for getting my charge dismissed and/or reduced from a felony to a misdemeanor?

No, the age of the conviction is not relevant, but it is best to apply as soon as you are eligible, in case the court purges your file. Not having the file available may make it more difficult to present sufficient information in your petition to the court.

No one can find my case number, but the case is showing up on my background check. What can I do?

You may need to request a copy of your “rap sheet” to assist in locating the case detail and correct court. There is a charge to obtain the record, but we can provide you with the application form for “Live Scan” and locations in Orange County to obtain your criminal history. After completing the application process, the rap sheet is mailed directly to you in five days and can be useful to us in preparing your petition to the court.

Do I need to go to court?

No, the court may rule on the request in chambers without appearances by you or the attorneys or the attorney may request a hearing date and have an opportunity to respond to any questions or concerns the judge may have. If a hearing date is set, you may be present if you wish, but it is not required.

Does the dismissal of my felony restore my right to own a concealable weapon?

No.

My charge was for a sex offense and I am required to register as an offender. If my charge is dismissed, does the dismissal relieve me of the obligation to register?

No.

If my case is reduced to a misdemeanor, will I still have to pay restitution?

Yes. Any restitution orders will remain in full force and effect.

What do I need to do to assist in getting my request granted?

Provide information in all the documents in the application packet as completely as possible, including the CR-105 Defendant’s Financial Statement.

How long will this take?

It depends on the relief requested, but the process does require patience.

How much will it cost?

No fee is charged by the court. You will be required to fill out a financial declaration to qualify for the services of the Public Defender.