Form Cr 181 PDF Details

The CR-181 form serves a pivotal role within the California legal system, providing a pathway for individuals to petition for the dismissal of their criminal records or the reduction of felony convictions to misdemeanors and misdemeanors to infractions under specific sections of the Penal Code. Notably, this form encapsulates the court's authority to erase or amend the legal repercussions associated with past criminal convictions under various conditions outlined by law, including sections 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.41, 1203.42, 1203.43, and 1203.49. The thorough design of the form demands detailed information from the petitioner, including the nature of the conviction(s) and the legal grounds upon which the dismissal or reduction is sought. Beyond the mere erasure of convictions, the CR-181 form also touches on the nuances of relief granted to specific groups, such as victims of human trafficking, and outlines the consequences of such relief, including the conditions under which the petitioner must still disclose the conviction. Additionally, it delineates the limitations of the dismissal, making clear that certain rights, like owning firearms or holding public office, may still be restricted. The form not only embodies a critical legal process for individuals seeking to mitigate the effects of past convictions on their lives but also underscores the complexity of seeking such relief, including the need to navigate the detailed requirements and understand the broader ramifications of a granted petition.

QuestionAnswer
Form NameForm Cr 181
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namescr 181, judicial council cr fill, judicial form cr, cr 181 form

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a.
b.

CR-181

ATTORNEY OR PARTY WITHOUT ATTORNEY:

STATE BAR NUMBER:

FOR COURT USE ONLY

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:

 

 

 

 

 

ORDER FOR DISMISSAL

CASE NUMBER:

 

 

(Pen. Code, §§ 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.41, 1203.42, 1203.43, 1203.49)

 

The court finds from the records on file in this case, and from the foregoing petition, that the petitioner (the defendant in the above- entitled criminal action) is eligible for the following requested relief:

1.The court GRANTS the petition for reduction of a felony to a misdemeanor (maximum punishment of 364 days per Pen. Code, § 18.5) under Penal Code section 17(b) and/or for reduction of a misdemeanor to an infraction under Penal Code section 17(d)(2) and reduces

a.

 

ALL FELONY CONVICTIONS in the above-entitled action.

 

 

 

b.

 

ALL MISDEMEANOR CONVICTIONS in the above-entitled action.

c.

 

only the following convictions in the above-entitled action (specify charges and date of conviction):

 

2.The court DENIES the petition for reduction of a felony to a misdemeanor under Penal Code section 17(b) and/or for reduction of a misdemeanor to an infraction under Penal Code section 17(d)(2) for

a.

 

ALL FELONY CONVICTIONS in the above-entitled action.

b.

 

ALL MISDEMEANOR CONVICTIONS in the above-entitled action.

 

c.

 

only the following convictions in the above-entitled action (specify charges and date of conviction):

 

3. The court GRANTS the petition for dismissal regarding the following convictions under Penal Code (check all that apply)

§ 1203.4

 

§ 1203.4a

 

§ 1203.41

 

§ 1203.42

 

§ 1203.43

 

§ 1203.49

and it is ordered that the pleas of guilty or nolo contendere or verdicts or findings of guilt be set aside and vacated and a plea of not guilty be entered and that the complaint or information be, and is hereby, dismissed for (check one)

ALL CONVICTIONS OR PLEAS FOR DEFERRED ENTRY OF JUDGMENT in the above-entitled action.

only the following convictions or pleas for deferred entry of judgment in the above-entitled action (specify charges and date of conviction or plea for deferred entry of judgment):

 

 

Page 1 of 2

Form Approved for Optional Use

ORDER FOR DISMISSAL

Penal Code, §§ 17(b), 17(d)(2), 1203.4, 1203.4a,

Judicial Council of California

1203.41, 1203.42, 1203.43, and 1203.49

 

CR-181 [Rev. January 1, 2019]

 

www.courts.ca.gov

CR-181

PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT:

CASE NUMBER:

4. The court DENIES the petition for dismissal under Penal Code (check all that apply)

§ 1203.4

 

§ 1203.4a

 

§ 1203.41

 

§ 1203.42

 

§ 1203.43

§ 1203.49 for (check one)

a.

b.

ALL CONVICTIONS OR PLEAS FOR DEFERRED ENTRY OF JUDGMENT in the above-entitled action.

only the following convictions or pleas for deferred entry of judgment in the above-entitled action (specify charges and date of conviction or plea for deferred entry of judgment):

5.In granting this order under the provisions of Penal Code section 1203.49, the court finds that the petitioner was a victim of human trafficking when he or she committed the crime. The court orders (check one)

a.

b.

the relief described in section 1203.4.

the relief described in section 1203.4, with the following exceptions (specify):

6.If the order is granted under the provisions of Penal Code section 1203.49, the Department of Justice is hereby notified that petitioner was a victim of human trafficking when he or she committed the crime, and of the relief ordered.

7.If this order is granted under the provisions of Penal Code section 1203.4, 1203.41, or 1203.42,

a.the petitioner is required to disclose the above conviction in response to any direct question contained in any questionnaire or application for public office, or for licensure by any state or local agency, or for contracting with the California State Lottery Commission; and

b.dismissal of the conviction does not automatically relieve petitioner from the requirement to register as a sex offender. (See, e.g., Pen. Code, § 290.5.)

8.If the order is granted under the provisions of Penal Code section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.49, the petitioner is released from all penalties and disabilities resulting from the offense except as provided in Penal Code sections 29800 and 29900 (formerly sections 12021 and 12021.1) and Vehicle Code section 13555. In any subsequent prosecution of the petitioner for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The dismissal does not permit a person to own, possess, or have in his or her control a firearm if prevented by Penal Code sections 29800 or 29900 (formerly sections 12021 and 12021.1). Dismissal of a conviction does not permit a person prohibited from holding public office as a result of that conviction to hold public office.

9.In addition, as required by Penal Code section 299(f), relief under Penal Code sections 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.49 does not release petitioner from the separate administrative duty to provide specimens, samples, or print impressions under the DNA and Forensic Identification Database and Data Bank Act (Pen. Code, § 295 et seq.) if petitioner was found guilty by a trier of fact, not guilty by reason of insanity, or pled no contest to a qualifying offense as defined in Penal Code section 296(a).

10.The basis for an order of dismissal granted under the provisions of Penal Code section 1203.43 is the invalidity of defendant's prior plea due to misinformation in former Penal Code section 1000.4 regarding the actual consequences of making a plea and successful completion of a deferred entry of judgment program.

FOR COURT USE ONLY

Date:

(JUDICIAL OFFICER)

CR-181 [Rev. January 1, 2019]

ORDER FOR DISMISSAL

 

Page 2 of 2

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Filling out part 1 of form 181

2. Once your current task is complete, take the next step – fill out all of these fields - misdemeanor to an infraction under, ALL FELONY CONVICTIONS in the, ALL MISDEMEANOR CONVICTIONS in the, only the following convictions in, The court GRANTS the petition for, and it is ordered that the pleas, ALL CONVICTIONS OR PLEAS FOR, only the following convictions or, and specify charges and date with their corresponding information. Make sure to double check that everything has been entered correctly before continuing!

The way to fill in form 181 portion 2

Always be extremely attentive when filling out only the following convictions or and ALL FELONY CONVICTIONS in the, since this is where a lot of people make a few mistakes.

3. In this stage, examine PEOPLE OF THE STATE OF CALIFORNIA, CASE NUMBER, The court DENIES the petition for, for check one, ALL CONVICTIONS OR PLEAS FOR, only the following convictions or, In granting this order under the, the relief described in section, the relief described in section, If the order is granted under the, If this order is granted under the, and the petitioner is required to. These need to be filled out with greatest accuracy.

form 181 conclusion process outlined (stage 3)

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Filling in segment 4 of form 181

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