Expungement Petition - Preparation Worksheet - California

CALIFORNIA PETITION FOR DISMISSAL PREPARATION WORKSHEET

DO NOT FILE THIS WORKSHEET

The filename's common label, “expungement,” is imprecise. California Courts
states that true expungement does not exist in California and that available
record-cleaning options depend on the person's situation and record.

California Courts currently publishes Judicial Council form CR-180,
Petition for Dismissal, and form CR-181, Order for Dismissal, each
identified on its official form page as effective January 1, 2024.

Use this worksheet to collect information for counsel. Transfer only
counsel-approved information to the current official forms. Do not substitute
this worksheet, a custom petition, or a custom proposed order for the forms
required by the filing court.

Official form pages:

• CR-180: https://selfhelp.courts.ca.gov/jcc-form/CR-180
• CR-181: https://selfhelp.courts.ca.gov/jcc-form/CR-181

1. MATTER AND FORM CONTROL

The current CR-180 itself controls its required fields, attachments, and
selections. County-specific procedure must be confirmed separately.

2. CONVICTION OR DEFERRED-ENTRY RECORD

Complete one row for each offense to be addressed.

CR-180 directs a filer who needs more offense-listing space to use Attachment
to Judicial Council Form MC-025. Confirm the current attachment form before
use.

3. SELECT THE CR-180 ROUTE

Select a route only after counsel compares the certified disposition,
sentence, custody and supervision history, later cases, and current form.

3.1 Penal Code § 1203.4 route — probation granted

CR-180 item 2 asks whether the petitioner:

• is not serving a sentence for any offense;
• is not on probation for any offense;
• is not currently charged with committing any crime; and
• either fulfilled the conditions of probation, was discharged early, or
  seeks relief in the interests of justice.

Worksheet findings:

• ☐ probation conditions fulfilled for the entire period;
• ☐ discharged before the scheduled end of probation;
• ☐ interests-of-justice explanation needed;
• ☐ current sentence, probation, or charge requires counsel review; or
• ☐ this route is not selected.

Supporting facts and records: [___________________________________________]

3.2 Penal Code § 1203.4a route — no probation

CR-180 item 3 is for a misdemeanor or infraction for which probation was not
granted. The form asks whether more than one year has elapsed since judgment,
the sentence was complied with, the petitioner is not serving a sentence or
currently charged with a crime, and either the honest-and-upright-life
selection or the interests-of-justice selection applies.

• Judgment date: [__/__/____]
• Sentence-completion evidence: [________________________________]
• Current sentence or charge check: [________________________________]
• ☐ item 3(a) selection proposed;
• ☐ item 3(b) interests-of-justice selection proposed;
• ☐ timing or eligibility requires counsel review; or
• ☐ this route is not selected.

3.3 Penal Code § 1203.49 route — trafficking-related § 647(b) conviction

CR-180 item 4 addresses a completed probation term for a conviction under
Penal Code § 647(b) where dismissal is requested because the conviction
resulted from the petitioner's status as a victim of human trafficking.

• ☐ counsel confirms this route;
• ☐ supporting evidence identified;
• ☐ declaration or attachment needed; or
• ☐ this route is not selected.

Sensitive supporting facts should be placed only in a counsel-approved filing:
[____________________________________________________________]

3.4 Penal Code § 1203.41 route — specified felony sentence

CR-180 item 5 asks for the required status statements and one of these form
selections:

• ☐ more than one year after completion of a county-jail sentence that
  included mandatory supervision under § 1170(h)(5)(B);

• ☐ more than two years after completion of a county-jail sentence without
  mandatory supervision under § 1170(h)(5)(A);

• ☐ more than two years after completion of the state-prison sentence, with
  the additional form statement concerning sex-offender registration;

• ☐ timing, supervision, later-case, or offense classification needs review;
  or

• ☐ this route is not selected.

Completion date and records: [___________________________________________]

3.5 Penal Code § 1203.42 route — specified prison sentence

CR-180 item 6 addresses a felony prison sentence that would have been eligible
for a felony county-jail sentence after 2011 under § 1170(h)(5). The form also
states status, elapsed-time, and interests-of-justice conditions.

• ☐ counsel confirms the sentence and offense fit the item 6 description;
• ☐ more than two years has elapsed after sentence completion;
• ☐ supervision and later-case status confirmed;
• ☐ interests-of-justice materials prepared; or
• ☐ this route is not selected.

Counsel analysis and source records: [___________________________________]

3.6 Penal Code § 1203.43 route — deferred entry of judgment

CR-180 item 7 asks whether the petitioner performed satisfactorily, the
charges were dismissed under former § 1000.3, and either court records are
available or the petitioner will make the form's declaration concerning
dismissal after completion.

• ☐ court records available;
• ☐ declaration route reviewed by counsel;
• ☐ state summary criminal-history attachment issue reviewed; or
• ☐ this route is not selected.

3.7 Reduction request

CR-180 item 8 supplies requests for reduction of eligible felonies under
§ 17(b) and eligible misdemeanors under § 17(d)(2).

• ☐ felony-to-misdemeanor request;
• ☐ misdemeanor-to-infraction request;
• ☐ no reduction requested; or
• ☐ eligibility requires counsel review.

4. AUTOMATIC-RELIEF CHECK

CR-180 currently notes that a conviction may already have been automatically
dismissed by the California Department of Justice under Penal Code § 1203.425.
The form states that a petition may then be unnecessary but may have additional
benefits, including a § 17(b) reduction, and that a person may request a Record
of Arrest and Prosecution sheet from DOJ but is not required to do so.

• DOJ record reviewed on: [__/__/____]
• Existing relief notation or court disposition: [________________________]
• Reason counsel recommends filing despite any existing relief:
  [____________________________________________________________]

Do not infer automatic relief from time elapsed or from this worksheet.

5. INTERESTS-OF-JUSTICE MATERIALS

CR-180 permits an explanation in the form space or by an attached letter or
other relevant documents. It identifies MC-025 and the penalty-of-perjury
Attached Declaration form MC-031 as possible additional-space routes.

Possible fact categories, selected by counsel:

• ☐ supervision and sentence completion;
• ☐ employment or education history;
• ☐ treatment, counseling, or program completion;
• ☐ family or caregiving responsibilities;
• ☐ community activity;
• ☐ record-related hardship;
• ☐ conduct and rehabilitation since the case;
• ☐ other relevant fact: [________________________________].

Draft factual statement:

[____________________________________________________________]

[____________________________________________________________]

Every statement must be accurate, supported where appropriate, and consistent
with the court and criminal-history records.

6. REQUEST ON THE OFFICIAL PETITION

CR-180 item 9 provides the request that the petitioner be allowed to withdraw
a guilty plea, or that the verdict or finding of guilt be set aside, a
not-guilty plea entered, and the action dismissed under the selected section.

Counsel-approved section or sections: [________________________________]

Offenses included in the request: [_____________________________________]

Offenses excluded from the request: [__________________________________]

Petitioner or attorney signer: [________________________________________]

Signature date: [__/__/____]

Do not add relief that is not available on the current official form without a
separately grounded, counsel-approved filing.

7. CR-181 ORDER CONTROL

Do not draft a custom order from this worksheet. Prepare the current CR-181
only as permitted by the court.

CR-181 currently supplies separate grant and denial choices for reduction and
dismissal. It also states consequences that can remain after relief, including
specified disclosure duties, sex-offender-registration consequences, firearm
restrictions, use of the conviction in a later prosecution, unexpired criminal
protective orders, qualifying DNA duties, and limits on court disclosure of a
conviction granted relief.

Counsel must review CR-181 items 6 through 11 with the petitioner before
filing. This worksheet does not summarize those provisions as an opinion and
does not address federal, immigration, licensing, employment, housing, or
background-reporting consequences.

8. FILING-PACKET CHECKLIST

• ☐ Current CR-180 downloaded from the official California Courts page.
• ☐ Current CR-181 downloaded if the court requires or accepts it.
• ☐ Caption and case number match the court docket.
• ☐ Each offense and disposition matches the source record.
• ☐ Only the supported CR-180 route or routes are selected.
• ☐ Timing is calculated and approved by California counsel.
• ☐ Current sentence, supervision, charge, and later-case status are checked.
• ☐ Reduction eligibility is separately analyzed.
• ☐ Attachments use the current approved form or local-court route.
• ☐ Sensitive identifiers and records are handled under current filing rules.

• ☐ Local notice, service, fee, waiver, hearing, and submission procedures are
  confirmed directly with the court.

• ☐ Petitioner reviewed the current CR-181 consequence language.

• ☐ Complete signed copies and proof of submission are retained.

9. COUNSEL VERIFICATION

I reviewed the certified disposition and sentence records, current criminal
history, current Judicial Council forms, current local procedure, selected
statutory route, timing, requested relief, attachments, and material
consequences for this petitioner.

California lawyer: [________________________________]

State Bar number: [________________________________]

Review date: [__/__/____]

Matter-specific notes: [_____________________________________________]