Expungement Petition

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

California requires the use of official Judicial Council form CR-180 (Petition for
Dismissal) for petitions under Penal Code § 1203.4, § 1203.4a, § 1203.41, and § 1203.42,
and form CR-181 (Order for Dismissal) as the proposed order (both effective January 1,
2024). This template provides the substantive legal content to help you prepare — but you
must transfer your content to the official forms before filing. The forms are available at
https://selfhelp.courts.ca.gov/jcc-form/CR-180.
Do not file this document directly with the court.

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF [COUNTY NAME]

Case No.: [CASE NUMBER]
Petition: PETITION FOR DISMISSAL (EXPUNGEMENT) — Cal. Penal Code § 1203.4 et seq.

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Allegations & Prayer for Relief
4. Representations & Declarations of Petitioner
5. Acknowledgments After Entry of Order
6. Reopening for Misrepresentation
7. Limitations of Relief & Disclaimers
8. General Provisions
9. Verification
10. Proposed Order

1. DOCUMENT HEADER

1.1 Effective Date. This Petition is deemed submitted on the date it is filed with the Clerk of the Court.

1.2 Jurisdiction & Venue. This Court has jurisdiction under Cal. Penal Code § 1203.4 and venue is proper in the Superior Court of the county where the conviction occurred.

1.3 Parties.

• a. "Petitioner" means [PETITIONER FULL LEGAL NAME], DOB [MM/DD/YYYY], last four digits of SSN [XXXX], currently residing at [ADDRESS].
• b. "Respondent" means the People of the State of California, represented by the [COUNTY NAME] District Attorney.

2. DEFINITIONS

For purposes of this Petition, capitalized terms have the meanings set forth below:

"Eligible Conviction" – A conviction that qualifies for relief under Cal. Penal Code § 1203.4, § 1203.4a, § 1203.41, or § 1203.42, and is not otherwise excluded by statute. Under § 1203.4(b), the set-aside remedy does not apply to Veh. Code § 42002.1 misdemeanors, to violations of Pen. Code § 286(c), § 288, § 287(c) (or former § 288a(c)), § 288.5, § 289(j), §§ 311.1/311.2/311.3/311.11, to a felony conviction under § 261.5(d), or to infractions.

"Waiting Period" – The period that must elapse before relief is available: none beyond successful completion of probation for § 1203.4; one (1) year after pronouncement of judgment for § 1203.4a; one (1) year after completion of a split sentence with mandatory supervision, or two (2) years after a straight county-jail or state-prison term, for § 1203.41; and two (2) years after completion of the sentence for § 1203.42.

"Limited Record Access" – A § 1203.4 dismissal does not seal or destroy the record. The set-aside conviction remains a public record accessible to courts and criminal-justice agencies and may be pleaded and proved as a prior in any later prosecution. (Sealing of an arrest record with no conviction is a separate remedy under Pen. Code § 851.91 / § 851.92.)

3. OPERATIVE ALLEGATIONS & PRAYER FOR RELIEF

3.1 Conviction Details.

• Date of Judgment: [MM/DD/YYYY]
• Offense of Conviction: [STATUTORY CODE SECTION & TITLE]
• Grade: [MISDEMEANOR / FELONY / WOBBLER]
• Court Docket/Case No.: [CASE NUMBER]

3.2 Completion of Sentence. Petitioner completed all terms of probation and/or supervision imposed by the Court. (Under Pen. Code § 1203.4(c)(3), an unfulfilled order of restitution or restitution fine is not grounds for denial of this petition; any such obligation nonetheless remains collectible.)

3.3 Absence of Disqualifiers. Petitioner is not:

• (a) serving a sentence for any offense;
• (b) on probation or supervision for any offense; nor
• (c) charged with any new offense.

3.4 Statutory Eligibility. Petitioner is therefore statutorily eligible for relief under Cal. Penal Code § 1203.4 [or § 1203.4a / § 1203.41 / § 1203.42 — select as applicable].

3.5 Interests of Justice. Relief will further Petitioner's rehabilitation, enhance employment prospects, and serve the interests of justice.

3.6 Prayer for Relief. Petitioner respectfully requests that the Court:

• a. Grant this Petition and set aside the conviction;
• b. Permit Petitioner to withdraw the plea of guilty/no contest (or set aside the verdict of guilty) and enter a plea of not guilty;
• c. Dismiss the accusatory pleading pursuant to Cal. Penal Code § 1203.4 [or applicable section];
• d. Order that Petitioner be released from all penalties and disabilities resulting from the conviction, except as provided by law; and
• e. Grant such other and further relief as the Court deems just and proper.

4. REPRESENTATIONS & DECLARATIONS OF PETITIONER

4.1 Accuracy. Petitioner declares under penalty of perjury that all factual statements contained herein and in any supporting documents are true and correct.

4.2 Compliance with Waiting Period. Petitioner has satisfied the applicable Waiting Period.

4.3 No Disqualifying Status. Petitioner is not currently serving a sentence for, on probation for, or charged with any offense.

4.4 Restitution Status. Any restitution, court fines, or fees associated with the Eligible Conviction are as stated in the supporting disposition; an unfulfilled restitution order does not bar this petition (§ 1203.4(c)(3)).

5. ACKNOWLEDGMENTS AFTER ENTRY OF ORDER

5.1 Duty to Disclose in Limited Contexts. Petitioner acknowledges that the order does not relieve Petitioner of the obligation to disclose the underlying conviction in response to any direct question on an application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission (Pen. Code § 1203.4(a)(1)).

5.2 Future Conduct. Petitioner understands that a § 1203.4 dismissal does not immunize against the consequences of any future offense, and that the conviction may be pleaded and proved as a prior in any subsequent prosecution.

6. REOPENING FOR MISREPRESENTATION

6.1 Material Misrepresentation. If any material representation herein proves false, the Court may, upon noticed motion, exercise its authority to vacate an order obtained through fraud or material misrepresentation and reinstate the original judgment.

7. LIMITATIONS OF RELIEF & DISCLAIMERS

7.1 Limitations of Relief. Relief granted under Cal. Penal Code § 1203.4 et seq. does NOT:

• a. Restore firearm rights lost under state or federal law (Pen. Code § 1203.4(a)(2); § 29800 et seq.; 18 U.S.C. § 922(g));
• b. Relieve any duty to register under Cal. Penal Code § 290, if applicable;
• c. Seal or destroy the record; the record remains accessible to courts and criminal-justice agencies as described in Section 2.

7.2 Federal & Immigration Consequences. Federal repositories may retain arrest and conviction data irrespective of state dismissal, and a § 1203.4 dismissal granted as rehabilitative relief still counts as a "conviction" for federal immigration purposes (Matter of Pickering, 23 I&N Dec. 621 (BIA 2003)). Non-citizen petitioners should consult an immigration attorney.

8. GENERAL PROVISIONS

8.1 Governing Law. This Petition is governed by the laws of the State of California, including Cal. Penal Code § 1203.4 et seq.

8.2 Severability. If any provision herein is held invalid, the remaining provisions shall continue in full force and effect.

8.3 Entire Petition. This document, together with all attachments, constitutes the entire submission for the relief requested.

9. VERIFICATION

I, [PETITIONER NAME], declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [DATE] at [CITY], California.

_________________________________
[PETITIONER NAME], Petitioner

10. PROPOSED ORDER

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF [COUNTY NAME]

Case No.: [CASE NUMBER]
Order: ORDER ON PETITION FOR DISMISSAL (EXPUNGEMENT) — Cal. Penal Code § 1203.4

The Court, having read and considered the Petition for Dismissal, any opposition, and good cause appearing:

IT IS HEREBY ORDERED THAT:

1. The Petition is GRANTED. The conviction entered on [MM/DD/YYYY] for violation of [CODE SECTION] is set aside pursuant to Cal. Penal Code § 1203.4 [or applicable section].
2. Petitioner's plea of guilty/no contest is withdrawn and a plea of not guilty is entered; the accusatory pleading is dismissed.
3. Petitioner is released from all penalties and disabilities resulting from the conviction, except as provided in Vehicle Code § 13555 and the other exceptions stated in Cal. Penal Code § 1203.4.
4. The Clerk of the Court shall provide a certified copy of this Order to Petitioner and to the [COUNTY NAME] Probation Department, and shall transmit a conformed copy to the California Department of Justice in the manner prescribed by law.

Dated: _____________, 20__

_________________________________
JUDGE OF THE SUPERIOR COURT