Petition for Dismissal
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File CR-180 with Ezel
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What is CR-180?
California Judicial Council optional-use Petition for Dismissal under Penal Code sections 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.41, 1203.42, 1203.43, and 1203.49. The petitioner (the defendant in the underlying criminal case) asks the court to dismiss the conviction, withdraw the plea, and (where eligible) reduce a felony to a misdemeanor or a misdemeanor to an infraction. Many California convictions are now automatically dismissed by the Department of Justice under the Clean Slate Act (PC 1203.425); the form's note at the top of page 1 says so explicitly. Filing CR-180 is still useful when (a) automatic relief did not apply, (b) the petitioner wants felony reduction under PC 17(b), (c) the petitioner wants the dismissal docketed in the original court file, or (d) the petitioner wants the relief described in PC 1203.4(a)(1) (e.g., release from penalties and disabilities, with the limits in PC 1203.4(a)(2)).
What happens if you miss the deadline: There is no deadline to lose. If you file too early (e.g., before completing probation or before the one-year wait under 1203.4a), the court denies without prejudice and you can refile when eligible.
How to file
- Filing fee
- PC 1203.4(c) and 1203.4a(c) make a 1203.4 / 1203.4a petition fee-free if the court determines the petitioner is unable to pay; many counties simply waive the fee for all clean-slate petitions. Other paths (1203.41, 1203.42, 1203.43, 1203.49) carry no statutory fee. Some courts charge a probation-investigation fee; ask the clerk.
- Filing method
- in-person, mail, efile (county-specific)
- Filing deadline
- No filing deadline; eligibility is timing-based, not deadline-based. The earliest you can file depends on the path: PC 1203.4 needs probation completed or early discharge; PC 1203.4a needs at least one year since judgment; PC 1203.41 needs more than one year (with mandatory supervision) or two years (without) since completion of a felony county jail sentence, or two years since completion of state prison; PC 1203.42 needs more than two years since completion of a pre-2011 prison sentence. PC 1203.43 (DEJ) is available any time after the charges were dismissed under former PC 1000.3.
- How to serve
- Many counties require service of the petition on the District Attorney's office (PC 1203.4(e); local rules). Use POS-030 if mailing to the DA. Service rules vary by county; check the local rules of court.
- Wet signature
- Yes, sign in pen after printing.
- Notarization
- No
- Original and copies
- Original to the clerk; one copy for the petitioner; one copy for the District Attorney where local rules require DA service.
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Attorney bar number; pro se filers leave blank.
Filer name; the petitioner is the defendant in the underlying case.
Firm name; pro se filers leave blank.
Filer street address.
Filer city.
Filer state.
Filer ZIP.
Filer phone.
Filer fax. Effectively obsolete.
Filer email. Optional.
'Attorney for' caption. Pro se filers type 'Self-Represented' or 'Defendant in pro per'.
Court county (the court that originally entered the conviction).
- Filing in the petitioner's current county of residence rather than the conviction court.
Court street address.
Court mailing address.
Court city and ZIP.
Defendant (petitioner) name. Match the original criminal docket; if your name has changed since the conviction, the docket name is what controls.
- Using the petitioner's current legal name when it differs from the docket. The docket name is what controls.
Case number from the original criminal case. On sentencing minutes, the docket, the original criminal complaint, or via court records request.
- Leaving blank because the case is old. The clerk needs the original case number to locate the file.
Item 1: date of conviction (or grant of deferred entry of judgment). Use the date on the docket.
- Using the date of arrest or the date of the offense rather than the conviction date.
Item 1 row 1: code book of the offense (Penal, Vehicle, H&S, etc.). Required for the first row.
Item 1 row 1: section number.
Item 1 row 1: level at conviction (felony / misdemeanor / infraction).
Item 1 row 1: 17(b) reduction yes/no. PC 17(b) lets a 'wobbler' felony be reduced to a misdemeanor where the original sentence did not include state prison.
- Marking 'yes' for a non-wobbler (a straight felony like robbery).
Item 1 row 1: 17(d)(2) reduction yes/no. PC 17(d)(2) lets a 'wobblette' misdemeanor be reduced to an infraction. Most misdemeanors are NOT 17(d)(2) eligible.
Item 1 row 2: optional second offense code.
Item 1 row 2: optional section.
Item 1 row 2: optional type.
Item 1 row 2: 17(b) yes/no.
Item 1 row 2: 17(d)(2) yes/no.
Item 1 row 3: optional offense code.
Item 1 row 3: optional section.
Item 1 row 3: optional type.
Item 1 row 3: 17(b) yes/no.
Item 1 row 3: 17(d)(2) yes/no.
Item 1 row 4: optional offense code.
Item 1 row 4: optional section.
Item 1 row 4: optional type.
Item 1 row 4: 17(b) yes/no.
Item 1 row 4: 17(d)(2) yes/no.
Item 1 row 5: optional offense code (more rows than 5 use MC-025).
Item 1 row 5: optional section.
Item 1 row 5: optional type.
Item 1 row 5: 17(b) yes/no.
Item 1 row 5: 17(d)(2) yes/no.
Item 2 main checkbox: PC 1203.4 (felony or misdemeanor with probation). Most common path.
Item 2a: fulfilled probation conditions for the entire period.
Item 2b: discharged from probation early.
Item 2c: should be granted relief in interests of justice. Discretionary basis when 2a and 2b do not apply.
Item 2c free-text: explanation for the interest-of-justice basis.
Item 3 main: PC 1203.4a (misdemeanor or infraction without probation). Requires more than one year since judgment.
- Checking item 3 along with item 2; they are mutually exclusive.
Item 3a: lived an honest and upright life since judgment.
Item 3b: should be granted relief in interests of justice (discretionary).
Item 3b free-text: explanation.
Item 4 main: PC 1203.49 (PC 647(b) misdemeanor result of human-trafficking victim status).
Item 4 free-text: evidence of trafficking-victim status.
Item 5 main: PC 1203.41 (felony county jail or felony state prison).
- Using item 5 for a sex-offender-registration-required conviction; PC 1203.41(a)(1)(C) excludes those.
Item 5 sub-radio: pick 5a (more than 1 year, with mandatory supervision), 5b (more than 2 years, no mandatory supervision), or 5c (more than 2 years since prison).
Item 5 free-text: interest-of-justice explanation.
Item 6 main: PC 1203.42 (pre-2011 felony prison sentence that would have been jail-eligible after realignment).
Item 6 free-text: interest-of-justice explanation.
Item 7 main: PC 1203.43 (deferred entry of judgment, former PC 1000.3).
Item 7: date charges were dismissed under former PC 1000.3.
Item 7 a/b radio: 7a if attaching court records; 7b if declaring under penalty of perjury.
Item 7b sub-radio: has / has not attached state summary criminal history (DOJ RAP sheet).
Date the petitioner signs the form.
Petitioner's typed name on the signature line. Wet signature added after printing.
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