CR-106-INFO - Information on How to File a Proof of Service in Criminal Record Clearing Requests

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Information on How to File a Proof of Service in Criminal Record Clearing Requests

Text

Form ID: CR-106-INFO
Title: Information on How to File a Proof of Service in Criminal Record Clearing Requests
Effective Date: 2020-01-01
Mandatory Form: no
Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-106-INFO
Primary Download URL: https://www.courts.ca.gov/documents/cr106info.pdf
Form Detail Page:
Information on How to File a Proof of Service in Criminal Record Clearing Requests
(CR-106-INFO)
Explains how to have filed court forms given ("served") to the prosecuting agency and other parties when you are cleaning your criminal record.
Get form CR-106-INFO
Effective: January 1, 2020
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PDF Text:
Judicial Council of California, www.courts.ca.gov  
New January 1, 2020, Optional Form Information on How to File a Proof of Service in 
Criminal Record Clearing Requests  
CR-106-INFO,  Page 1 of 2
CR-106-INFO Information on How to File a Proof of Service in Criminal 
Record Clearing Requests  
1 What does this information sheet cover?
This information sheet tells you how to use and fill out 
Proof of Service    Criminal Record Clearing form 
CR-106. This information sheet does not need to be copied, 
served (delivered), or filed. 
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Once the proof of service is filled out and filed 
with the court, it shows the court that the other 
party got the documents.
What is proof of service?
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What is record clearing?
You can start the process of record clearing by 
filing certain documents or forms called 
“applications,” “petitions,” or “motions.” 
Who do I need to serve when I ask a 
court to clear my criminal record? 
Most record clearing laws say you have to let the 
prosecuting agency (usually the district attorney) know 
about the record clearing request. Sometimes you also have 
to let law enforcement (like the police or sheriff) or other 
parties know about your request. You can do so by 
“serving” (delivering) a copy of the papers you filed with 
the court on the prosecuting agency or other parties. Read 
the record clearing law you are basing your request on 
carefully to see who needs to know about your record 
clearing request. Those are the parties who must be served. 
When can I use Proof of Service  
Criminal Record Clearing (form CR-106)?
6
Proof of Service    Criminal Record Clearing (form 
CR-106) is intended to be widely used with any record 
clearing request that requires notification or service of the 
request to the prosecuting agency and other parties, such as 
the following optional Judicial Council forms for record 
clearing:
Petition for Dismissal (form CR-180
), 
dismissals under Penal Code sections 1203.4, 
1203.4a, 1203.41, 1203.42, 1203.43, and 
1203.49, and reductions under Penal Code 
sections 17(b) and 17(d)(2)
Petition for Dismissal (Military Personnel) 
(form CR-183
), dismissals under Penal Code 
section 1170.9(h), and reductions under Penal 
Code section 17(b)
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Motion to Vacate Conviction or Sentence 
(form CR-187
), vacating convictions under 
Penal Code sections 1016.5 and 1473.7
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l Petition/Application for Resentencing and 
Dismissal (form CR-404), resentencing and 
dismissal under Penal Code section 1170.22
Petition to Seal Arrest and Related Records 
(form CR-409), sealing under Penal Code 
section 851.91
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Petition for Resentencing Based on Health 
Conditions From Military Service Listed in 
Penal Code Section 1170.91(b) (form CR-412/
MIL-412)
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A “proof of service” is a form used in legal cases.
Record clearing is a process that allows you to ask 
a court to improve your criminal record.
If you want a judge to look at your case, you or 
someone who is helping you has to file certain 
documents in court. 
You also have to give or mail copies of those 
documents to the other party in the case, usually 
the prosecutor. 
The proof of service has spaces for you or 
someone who is helping you to write in when, 
where, and how the other party got the documents. 
Filing a proof of service shows the court that you have let 
the other parties know about the record clearing request by 
giving them a copy of the document or form you are using 
to make a record clearing request to the court. 
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For example, a court may be able to change some 
convictions from felonies to misdemeanors.
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Why do I need to file a proof of service?5
Petition/Application (Health and Safety Code,    
§ 11361.8) (form CR-400
), relief under 
Proposition 64 for specified marijuana-related 
convictions
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Petition for Writ of Habeas Corpus (form 
HC-001) 
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7 Who can serve the petition or motion? 
In most cases, the law allows you (the person 
who is filing the record clearing request) to serve 
the document or form.  
CR-106-INFO Information on How to File a Proof of Service in Criminal 
Record Clearing Requests  
8 When are the other parties served, and  
when do I file a proof of service?
Ask the court clerk if any local filing rules  
apply.
CR-106-INFO,  Page 2 of 2Information on How to File a Proof of Service in 
Criminal Record Clearing Requests  
New January 1, 2020
10 What do I do with Proof of Service 
Criminal Record Clearing (form CR-106) 
once it is filled out?  
You should file a completed proof of service with the court 
where you filed your document or form. Ask the court 
clerk if any local filing rules apply. 
In most cases, the other parties should be served 
after the original document or form is filed with  
the court. That way, the court may add helpful  
information to the document or form, such as a  
hearing date. 
Some courts require that the document or form is  
first served on the other parties, and then the  
original document or form is filed with the court,  
along with a completed and signed proof of service.
When you file the document or form with the court, 
take the original plus at least two copies of your  
documents. 
How should the petition or motion be 
served? 
If serving by mail: 
9
The court will keep the original. 
The clerk will stamp your copies “Filed” and  
return them to you. Keep one copy for your  
records. 
The other parties can be served with a copy of  
your court-stamped document or form, and then 
you should file the proof of service with the  
court after the parties are served. 
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The server should put one copy of the document 
or form in an envelope addressed to the agency, 
seal the envelope, and place first-class postage on 
the envelope; and
The server should mail the document or form by 
depositing the envelope at a post office or 
mailbox or by depositing the envelope at an 
office or business mail drop where the server 
knows mail is picked up every day by the postal 
service. 
If serving by personal delivery: 
The server should give the document or form to a 
person with the agency and note the name of the 
person, as well as the address, date, and time of 
the service. 
You can also ask someone else to serve the 
document or form. 
The person who serves a document or form for 
record clearing and fills out the Proof of Service  
Criminal Record Clearing (form CR-106) must 
be at least 18 years old.
Read the record clearing law you are basing 
your request on carefully to see if it sets any 
other requirements for who can serve the 
request. 
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There are three main ways to serve documents: by mail, 
personal delivery, or electronic service. Proof of  
Service    Criminal Record Clearing (form CR-106) can be 
used to prove service by mail or personal delivery. 
If someone else is serving documents on your behalf, make 
sure to provide them with the name of the agency that 
must be served (for example, San Francisco County 
District Attorney), the agency s address, and a copy of the 
document or form. 
Once the document or form has been served on the other 
parties by mail or personal delivery, the server should fill 
out and sign the proof of service form. 
If serving electronically:
Carefully read and follow the requirements in 
California Rules of Court, rule 2.251
, and use 
Proof of Electronic Service (form POS-050/
EFS-050). 
Do not use Proof of Service     Criminal Record 
Clearing (form CR-106).
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Retrieval chunks

• #1

  Form ID: CR-106-INFO Title: Information on How to File a Proof of Service in Criminal Record Clearing Requests Effective Date: 2020-01-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-106-INFO Primary Download URL: https://www.courts.ca.gov/documents/cr106info.pdf Form Detail Page: In…

• #2

  clearing request that requires notification or service of the request to the prosecuting agency and other parties, such as the following optional Judicial Council forms for record clearing: Petition for Dismissal (form CR-180 ), dismissals under Penal Code sections 1203.4, 1203.4a, 1203.41, 1203.42, 1203.43, an…

• #3

  when do I file a proof of service? Ask the court clerk if any local filing rules apply. CR-106-INFO, Page 2 of 2Information on How to File a Proof of Service in Criminal Record Clearing Requests New January 1, 2020 10 What do I do with Proof of Service Criminal Record Clearing (form CR-106) once it is filled …

• #4

  personal delivery, or electronic service. Proof of Service Criminal Record Clearing (form CR-106) can be used to prove service by mail or personal delivery. If someone else is serving documents on your behalf, make sure to provide them with the name of the agency that must be served (for example, San Francisco…