Form Cr 180 PDF Details

The CR-180 form, also known as the Petition for Dismissal, represents a pivotal document for individuals seeking to make amends with their past through the legal system in California. Designed to provide relief to those who have been convicted of certain violations, including felonies, misdemeanors, or infractions, this form offers a pathway to clearing one's record under specific conditions laid out by sections of the Penal Code such as 17(b), 17(d)(2), 1203.4, among others. Whether it's about reducing a felony to a misdemeanor, or dismissing convictions related to misdemeanor or probation under certain criteria, the CR-180 form serves as an instrumental tool in the process. Notably, it also addresses situations unique to certain defendants, including those convicted under Penal Code section 647(b) related to human trafficking, and those eligible for adjustments under Penal Code section 1170(h)(5) concerning felony county jail sentences. With a clear set of requirements for eligibility and a detailed structure for presenting one's case for dismissal or reduction, the CR-180 form ultimately empowers individuals to advocate for a second chance and aims to rectify their standing within the community in the eyes of the law.

QuestionAnswer
Form NameForm Cr 180
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesform cr 180, form misdemeanor felony, how to california form cr 180, cr 180

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CR-180

ATTORNEY OR PARTY WITHOUT ATTORNEY:

STATE BAR NO.:

NAME:

 

 

FIRM NAME:

 

 

STREET ADDRESS:

 

 

CITY:

STATE:

ZIP CODE:

TELEPHONE NO.:

FAX NO.:

 

E-MAIL ADDRESS:

 

 

ATTORNEY FOR (name):

 

 

 

 

 

PEOPLE OF THE STATE OF CALIFORNIA

 

 

v.

 

 

DEFENDANT:

 

DATE OF BIRTH:

PETITION FOR DISMISSAL

(Pen. Code, §§ 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.41, 1203.43, 1203.49)

FOR COURT USE ONLY

CASE NUMBER:

FOR COURT USE ONLY

DATE:

TIME:

DEPARTMENT:

1. On (date):, the petitioner (the defendant in the above-entitled criminal action) was convicted of a violation of the

following offenses or was granted deferred entry of judgment for the following offenses:

Code

Section

Type of offense(felony, misdemeanor, or infraction):

Eligible for reduction to misdemeanor under Penal Code, § 17(b) (yes or no)

Eligible for reduction to

infraction under Penal Code,

§17(d)(2) (yes or no)

If additional space is needed for listing offenses, use Attachment to Judicial Council Form (form MC-025).

2. Felony or misdemeanor with probation granted (PEN. CODE, § 1203.4)

Probation was granted on the terms and conditions stated in the docket of the above-entitled court; the petitioner is not serving a sentence for any offense, nor on probation for any offense, nor under charge of commission of any crime, and the petitioner (check all that apply):

a.

b.

c.

has fulfilled the conditions of probation for the entire period thereof.

has been discharged from probation prior to the termination of the period thereof.

should be granted relief in the interests of justice. (Please note: You must explain why granting a dismissal would be in the interests of justice. You may complete and attach the Attached Declaration (form MC-031) or submit other relevant documents.)

3.

Misdemeanor or infraction with sentence other than probation (PEN. CODE, § 1203.4A)

Probation was not granted; more than one year has elapsed since the date of pronouncement of judgment. Petitioner has complied with the sentence of the court and is not serving a sentence for any offense or under charge of commission of any crime; and the petitioner (check one):

a.

 

has lived an honest and upright life since pronouncement of judgment and conformed to and obeyed the laws of the land.

b. should be granted relief in the interests of justice. (Please note: You must explain why granting a dismissal would be in the interests of justice. You may complete and attach the Attached Declaration (form MC-031) or submit other relevant documents.)

 

 

Page 1 of 2

 

 

 

Form Approved for Optional Use

PETITION FOR DISMISSAL

Penal Code, §§ 17(b), 17(d)(2),

 

Judicial Council of California

1203.4, 1203.4a, 1203.41,1203.43 and 1203.49

 

CR-180 [Rev. January 1, 2017]

 

www.courts.ca.gov

CR-180

PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT:

CASE NUMBER:

4.

5.

Misdemeanor conviction under Penal Code section 647(b) (PEN. CODE, § 1203.49)

a.Petitioner has completed a term of probation for a conviction under Penal Code section 647(b).

b.Petitioner should be granted relief because the petitioner can establish by clear and convincing evidence that the conviction was the result of his or her status as a victim of human trafficking. (Please note: You may complete and attach the Attached Declaration (form MC-031) or submit other relevant documents to establish that the conviction was the result of your status as a victim of human trafficking.)

Felony county jail sentence under Penal Code section 1170(h)(5) (PEN. CODE, § 1203.41)

Petitioner is not under supervision under Penal Code section 1170(h)(5)(B) and is not serving a sentence for, on probation for, or charged with the commission of any offense, and should be granted relief in the interests of justice, and (check one):

6.

a. more than one year has elapsed since petitioner completed the felony county jail sentence with a period of mandatory supervision imposed under Penal Code section 1170(h)(5)(B); OR

b. more than two years have elapsed since petitioner completed the felony county jail sentence without a period of mandatory supervision imposed under Penal Code section 1170(h)(5)(A).

(Please note: You must explain why granting a dismissal would be in the interests of justice. You may complete and attach the Attached Declaration (form MC-031) or submit other relevant documents.)

 

 

Deferred entry of judgment (Pen. Code, § 1203.43)

 

 

 

Petitioner performed satisfactorily during the period in which deferred entry of judgment was granted. The criminal charge(s)

 

 

were dismissed under Penal Code section 1000.3 on (date):

.Furthermore (check one)

 

 

 

court records are available showing the case resolution.

 

a.

 

 

 

 

 

 

b.

 

 

petitioner declares under penalty of perjury that the charges were dismissed after he or she completed the

 

 

 

requirements for deferred entry of judgment. Petitioner (check one)

 

 

 

 

 

 

has

 

 

 

 

 

 

 

 

 

 

 

 

has not

 

 

 

 

 

 

 

 

 

 

 

attached a copy of his or her state summary criminal history information.

 

7.Petitioner requests that the eligible felony offenses listed above be reduced to misdemeanors under Penal Code section 17

(b) and eligible misdemeanor offenses be reduced to infractions under Penal Code section 17(d)(2).

8.Petitioner requests that he or she be permitted to withdraw the plea of guilty or nolo contendere, or that the verdict or finding of guilt be set aside and a plea of not guilty be entered and the court dismiss this action under section (check one)

1203.4

1203.4a

1203.41

1203.43

1203.49 of the Penal Code.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(SIGNATURE OF PETITIONER OR ATTORNEY)

(ADDRESS OF PETITIONER)

(CITY)

(STATE)

(ZIP CODE)

CR-180 [Rev. January 1, 2017]

PETITION FOR DISMISSAL

Page 2 of 2

 

 

 

 

 

 

 

 

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Stage # 1 of completing request form for expungement

2. When the previous array of fields is filled out, go to enter the applicable details in these: Type of offensefelony misdemeanor, Eligible for reduction to, d yes or no, If additional space is needed for, Felony or misdemeanor with, Probation was granted on the terms, has fulfilled the conditions of, has been discharged from probation, should be granted relief in the, and Misdemeanor or infraction with.

request form for expungement conclusion process described (stage 2)

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Completing segment 3 in request form for expungement

4. Completing PEOPLE OF THE STATE OF CALIFORNIA, CASE NUMBER, Misdemeanor conviction under Penal, Petitioner has completed a term of, b Petitioner should be granted, Felony county jail sentence under, Petitioner is not under, more than one year has elapsed, more than two years have elapsed, Please note You must explain why, Deferred entry of judgment Pen, Petitioner performed, and date is key in this step - ensure to don't hurry and be attentive with every field!

Step no. 4 in submitting request form for expungement

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Ways to complete request form for expungement part 5

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