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 expungement petitions under Penal Code 1203.4. This template provides the
substantive legal content to help you prepare — but you must transfer your content to the
official form before filing. The official form is available at
https://selfhelp.courts.ca.gov/jcc-form/CR-180.
Do not file this document directly with the court.

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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF [COUNTY NAME]
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[PETITIONER FULL LEGAL NAME], )
Petitioner, ) Case No.: [CASE NUMBER]
)
v. )
) PETITION FOR DISMISSAL
THE PEOPLE OF THE STATE OF CALIFORNIA, ) (EXPUNGEMENT)
Respondent. ) [Cal. Penal Code § 1203.4 et seq.]
)
__________________________________________ )

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Allegations & Prayer for Relief
4. Representations & Warranties of Petitioner
5. Covenants After Entry of Order
6. Default & Remedies
7. Risk Allocation & 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 County where the conviction occurred.

1.3 Parties.
a. “Petitioner” means [PETITIONER FULL LEGAL NAME], DOB [MM/DD/YYYY], last four digits of SSN [XXX-XX-____], 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, or § 1203.41, and is not otherwise excluded by statute (e.g., certain sex offenses listed in § 290).

“Waiting Period” – The statutorily-required period that must elapse after (i) completion of probation, or (ii) one (1) year after judgment where no probation was ordered, or (iii) completion of the custodial portion of a split sentence, as applicable.

“Record Sealing Access” – The limited access retained by law-enforcement, prosecutorial, and licensing agencies to a record that has been dismissed or set aside pursuant to Cal. Penal Code § 1203.4 et seq.

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/parole, paid all fines, fees, and restitution, and has fulfilled every condition imposed by the Court.

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—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 Information/Complaint pursuant to Cal. Penal Code § 1203.4;
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 & WARRANTIES OF PETITIONER

4.1 Accuracy. Petitioner represents, warrants, and 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 Subsequent Disqualifying Convictions. Petitioner has not suffered a conviction that would bar relief under Cal. Penal Code § 1203.4 et seq. since the Eligible Conviction.

4.4 No Pending Restitution. Petitioner has paid in full, or an authorized collecting agency has waived, all restitution, court fines, and fees associated with the Eligible Conviction.

5. COVENANTS AFTER ENTRY OF ORDER

5.1 Duty to Disclose in Limited Contexts. Petitioner acknowledges that certain applications—for public office, licensure by state agencies, or service as a peace officer—may require disclosure of the underlying conviction notwithstanding dismissal.

5.2 Future Conduct. Petitioner agrees to comply with all laws. Any future conviction may nullify the relief granted herein.

6. DEFAULT & REMEDIES

6.1 Material Misrepresentation. If any material representation herein proves false, the Court may, upon noticed motion, vacate any order of dismissal and reinstate the original judgment.

6.2 Enforcement. The District Attorney or Probation Department may seek enforcement of Paragraph 6.1 within six (6) months of discovering the misrepresentation.

7. RISK ALLOCATION & 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;
b. Relieve duty to register under Cal. Penal Code § 290, if applicable;
c. Seal or destroy records; they remain accessible for the limited Record Sealing Access purposes identified above.

7.2 Federal Records. The Federal Bureau of Investigation and other federal repositories may retain arrest and conviction data irrespective of state dismissal.

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

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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF [COUNTY NAME]
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[PETITIONER NAME], ) Case No.: [CASE NUMBER]
Petitioner, )
) ORDER ON PETITION FOR
v. ) DISMISSAL (EXPUNGEMENT)
) [Cal. Penal Code § 1203.4]
THE PEOPLE OF THE STATE OF CALIFORNIA, )
Respondent. )
__________________________________________ )

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 Cal. Penal Code § 1203.4(b).
4. The Clerk of the Court shall provide a certified copy of this Order to Petitioner and to the [COUNTY NAME] Probation Department. The Probation Department shall disseminate the Order to the California Department of Justice in the manner prescribed by law.

Dated: _____________, 20__

_________________________________
JUDGE OF THE SUPERIOR COURT

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