CR-180: California Petition for Dismissal

Under Attorney or party without attorney, enter the State bar number, Name, Firm name, Street address, City, State, Zip code, Telephone no., Fax no., Email address and Attorney for (name).

Under Superior Court of California, County of, enter the county, then the Street address, Mailing address and City and zip code.

Enter the Case number and, after People of the State of California v., the Defendant.

1. On (date), the petitioner (the defendant in the criminal action) was convicted of a violation of the following offenses or was granted deferred entry of judgment for the following offenses:

For each offense, enter the Code (Penal, Vehicle, etc.), the Section, the Type of offense (felony, misdemeanor, or infraction), Eligible for reduction to misdemeanor under Penal Code, § 17(b) (yes or no) and 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 court; the petitioner is not serving a sentence for any offense, on probation for any offense, or currently charged with committing any crime, and the petitioner (check all that apply)

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

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

c. should be granted relief in the interests of justice (Please note: You may explain why granting a dismissal would be in the interests of justice. You can provide that information by writing in the space provided, or by attaching a letter or other relevant documents. If you need more space for your writing, you can use Attachment (form MC-025) or Attached Declaration (form MC-031) (which is signed under penalty of perjury) and attach it to this petition.)

3. Misdemeanor or infraction with sentence other than probation (Pen. Code, § 1203.4a): Probation was not granted; more than one year has elapsed since judgment was pronounced. Petitioner has complied with the sentence of the court and is not serving a sentence for any offense or currently charged with committing 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; or b. should be granted relief in the interests of justice.

4. Misdemeanor conviction under Penal Code section 647(b) (Pen. Code, § 1203.49): Petitioner has completed a term of probation for a conviction under Penal Code section 647(b) and should be granted relief because the conviction was the result of petitioner's status as a victim of human trafficking.

(Please provide evidence that the conviction was the result of your status as a victim of human trafficking.

5. Felony county jail sentence under Penal Code section 1170(h)(5) or felony state prison sentence (Pen. Code, § 1203.41): Petitioner is not on parole or under supervision under Penal Code section 1170(h)(5)(B); is not serving a sentence for, on probation for, or currently charged with committing any crime; and should be granted relief in the interests of justice, and (check one) 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). 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).

c. more than two years have elapsed since petitioner completed the felony state prison sentence, and the conviction did not result in a requirement to register as a sex offender under Chapter 5.5 (starting with section 290) of Title 9 of Part 1 of the Penal Code.

6. Felony prison sentence that would have been eligible for a felony county jail sentence after 2011 under Penal Code section 1170(h)(5) (Pen. Code, § 1203.42): Petitioner is not under supervision and is not serving a sentence for, on probation for, or currently charged with committing any crime; more than two years have elapsed since petitioner completed the felony prison sentence; and petitioner should be granted relief in the interests of justice.

7. 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 former Penal Code section 1000.3 on (date). Furthermore (check one),

a. court records are available showing the case resolution; or

b. petitioner declares under penalty of perjury that the charges were dismissed after petitioner completed the requirements for deferred entry of judgment.

Petitioner (check one) (1) has (2) has not attached a copy of petitioner's state summary criminal history information.

Enter the Date, then (TYPE OR PRINT NAME) and (SIGNATURE OF PETITIONER OR ATTORNEY).