Petition to Dismiss for Fire Camp Participants
Under Penal Code section 1203.4b, former prisoners or county inmates who participated in a Conservation Camp Program, also known as a Fire Camp, are eligible to dismiss their case and terminate probation or parole. The former inmate must have successfully participated in the Fire Camp program, which means performed their duties without any conduct that required their removal. After the petition is filed in the county where the inmate was sentenced, the court will verify with the Secretary of the Department of Corrections whether participation in the fire program was successful.
The standard for the court to grant the petition is in its discretion and in the “interests of justice.” This means that the petitioner should include evidence of rehabilitation, like character reference letters or a declaration from the petitioner showing that they are now a law-abiding citizen. Although most former inmates are eligible for dismissal, certain convictions like murder, kidnapping, and sex offenses are not eligible. If the inmate is still on parole or probation, a granted dismissal will automatically terminate parole or probation.
Once the petition is granted, the former inmate will have all the benefits of a dismissal under Penal Code section 1203.4, sometimes referred to as an expungement, which helps a great deal for employment applications. But also, the former inmate"shall not be required to disclose the conviction on an application for licensure by any state or local agency,” with the exception of becoming a teacher, holding public office, or becoming a police officer. Other applications for a license, like nursing, community care, or therapist would not require disclosure. As the law is currently written, the conviction could still be used for the EMT certification process, which is unfortunate because that is typically a requirement of becoming a firefighter. Nonetheless, Penal Code section 1203.4b offers substantial benefits to former inmates who have worked in a fire camp.
Contact the Law Office of David Reagan today to determine eligibility for a petition to dismiss for a Fire Camp participant.
