CR-180 - Petition for Dismissal

Summary

Petition for Dismissal

Text

Form ID: CR-180
Title: Petition for Dismissal
Effective Date: 2024-01-01
Mandatory Form: no
Languages: español
Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-180
Primary Download URL: https://www.courts.ca.gov/documents/cr180.pdf
Alternate Download URLs: https://www.courts.ca.gov/documents/cr180s.pdf
Form Detail Page:
Petition for Dismissal
(CR-180)
Ask the court to reduce or dismiss a criminal conviction in order to minimize the conviction's impact on employment and other areas.
Get form CR-180
español
Get form CR-180 in Spanish
(Spanish)
Effective: January 1, 2024
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PDF Text:
Form Approved for Optional Use 
Judicial Council of California 
CR-180  [Rev. January 1, 2024]
PETITION FOR DISMISSAL Penal Code, §§ 17(b), 17(d)(2), 1203.4, 1203.4a, 
1203.41, 1203.42, 1203.43, and 1203.49 
FOR COURT USE ONLY
CASE NUMBER:
FOR COURT USE ONLY
DATE:
TIME:
DEPARTMENT:
CR-180
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:
NAME:
FIRM NAME:
STREET ADDRESS:
CITY: STATE: ZIP CODE:
TELEPHONE NO.: FAX NO.:
EMAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
PEOPLE OF THE STATE OF CALIFORNIA 
v. 
DEFENDANT:
PETITION FOR DISMISSAL 
(Pen. Code, §§ 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.41, 1203.42, 1203.43, 1203.49)
Note to petitioner: Your conviction may have already been automatically dismissed by the California Department of Justice (DOJ)
under Penal Code section 1203.425. If so, this petition may be unnecessary—but there may be additional benefits to filing it with the 
court, including felony reduction under Penal Code section 17(b). If you want to know if your conviction has already been dismissed, 
you can request your Record of Arrest and Prosecution (RAP) sheet from the DOJ, but this is not required.
1. On                                        , the petitioner (the defendant in the above-entitled criminal action) was convicted of a violation of the 
following offenses or was granted deferred entry of judgment for the following offenses:
(date):
Code 
(Penal, 
Vehicle, etc.)
Section Type of offense (felony,
misdemeanor, or infraction) 
Eligible for reduction to 
misdemeanor under Penal 
Code, § 17(b) (yes or no)
Eligible for reduction to 
infraction under Penal 
Code, § 17(d)(2) (yes or no)
If additional space is needed for listing offenses, use Attachment to Judicial Council Form (form MC-025).
2. Felony or misdemeanor with probation granted (Pen. Code, § 1203.4)
Probation was granted on the terms and conditions stated in the docket of the above-entitled court; the petitioner is not  
serving a sentence for any offense, on probation for any offense, or currently charged with committing any crime, and the 
petitioner (check all that apply)
a. has fulfilled the conditions of probation for the entire period thereof.
b. has been discharged from probation prior to the termination of the period thereof.
c. should be granted relief in the interests of justice. (Please note: You may explain why granting a dismissal would be 
in the interests of justice. You can provide that information by writing in the space below, or by attaching a letter or 
other relevant documents. If you need more space for your writing, you can use Attachment (form MC-025) or 
Attached Declaration (form MC-031) (which is signed under penalty of perjury) and attach it to this petition.)
Page 1 of 3

CR-180 [Rev. January 1, 2024] PETITION FOR DISMISSAL
CASE NUMBER:PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT:
CR-180
3. Misdemeanor or infraction with sentence other than probation (Pen. Code, § 1203.4a)
Probation was not granted; more than one year has elapsed since judgment was pronounced. Petitioner has complied with 
the sentence of the court and is not serving a sentence for any offense or currently charged with committing any crime; and 
the petitioner (check one)
a. has lived an honest and upright life since pronouncement of judgment and conformed to and obeyed the laws of the land; 
or
b. should be granted relief in the interests of justice. (Please note: You may explain why granting a dismissal would be in 
the interests of justice. You can provide that information by writing in the space below or by attaching a letter or other 
relevant documents. If you need more space for your writing, you can use Attachment (form MC-025) or Attached 
Declaration (form MC-031) (which is signed under penalty of perjury) and attach it to this petition.)
4. Misdemeanor conviction under Penal Code section 647(b) (Pen. Code, § 1203.49)
Petitioner has completed a term of probation for a conviction under Penal Code section 647(b) and should be granted relief 
because the conviction was the result of petitioner's status as a victim of human trafficking.  
(Please provide evidence that the conviction was the result of your status as a victim of human trafficking. You can provide 
that information by writing in the space below or by attaching a letter or other relevant documents. If you need more space for 
your writing, you can use Attachment (form MC-025) or Attached Declaration (form MC-031) (which is signed under penalty 
of perjury) and attach it to this petition.)
5. Felony county jail sentence under Penal Code section 1170(h)(5) or felony state prison sentence (Pen. Code,  
§ 1203.41)
Petitioner is not on parole or under supervision under Penal Code section 1170(h)(5)(B); is not serving a sentence for, on 
probation for, or currently charged with committing any crime; and should be granted relief in the interests of justice, and 
(check one)
a. more than one year has elapsed since petitioner completed the felony county jail sentence with a period of mandatory 
supervision imposed under Penal Code section 1170(h)(5)(B).
b. more than two years have elapsed since petitioner completed the felony county jail sentence without a period of 
mandatory supervision imposed under Penal Code section 1170(h)(5)(A).
c. more than two years have elapsed since petitioner completed the felony state prison sentence, and the conviction did not 
result in a requirement to register as a sex offender under Chapter 5.5 (starting with section 290) of Title 9 of Part 1 of the 
Penal Code.
(Please note: You may explain why granting a dismissal would be in the interests of justice. You can provide that 
information by writing in the space below or by attaching a letter or other relevant documents. If you need more space for 
your writing, you can use Attachment (form MC-025) or Attached Declaration (form MC-031) (which is signed under 
penalty of perjury) and attach it to this petition.)
Page 2 of 3

CR-180 [Rev. January 1, 2024] PETITION FOR DISMISSAL
CASE NUMBER:PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT:
CR-180
6. Felony prison sentence that would have been eligible for a felony county jail sentence after 2011 under
Penal Code section 1170(h)(5) (Pen. Code, § 1203.42) 
Petitioner is not under supervision and is not serving a sentence for, on probation for, or currently charged with committing 
any crime; more than two years have elapsed since petitioner completed the felony prison sentence; and petitioner should be 
granted relief in the interests of justice. 
(Please note: You may explain why granting a dismissal would be in the interests of justice. You can provide that information 
by writing in the space below or by attaching a letter or other relevant documents. If you need more space for your writing, 
you can use Attachment (form MC-025) or Attached Declaration (form MC-031) (which is signed under penalty of perjury) and 
attach it to this petition.)
7. Deferred entry of judgment (Pen. Code, § 1203.43) 
Petitioner performed satisfactorily during the period in which deferred entry of judgment was granted. The criminal  
charge(s) were dismissed under former Penal Code section 1000.3 on      . Furthermore (check one),  (date):
a. court records are available showing the case resolution; or
b. petitioner declares under penalty of perjury that the charges were dismissed after petitioner completed the requirements 
for deferred entry of judgment. Petitioner (check one)
(1) has
(2) has not
attached a copy of petitioner's state summary criminal history information.
8. Petitioner requests that the eligible felony offenses listed above be reduced to misdemeanors under Penal Code section 17(b) and 
eligible misdemeanor offenses be reduced to infractions under Penal Code section 17(d)(2). 
9. Petitioner requests that petitioner be permitted to withdraw the plea of guilty, or that the verdict or finding of guilt be set aside and a 
plea of not guilty be entered and the court dismiss this action under the Penal Code section(s) noted above.
Date:
(TYPE OR PRINT NAME)
 (SIGNATURE OF PETITIONER OR ATTORNEY)
Page 3 of 3

Retrieval chunks

• #1

  Form ID: CR-180 Title: Petition for Dismissal Effective Date: 2024-01-01 Mandatory Form: no Languages: español Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-180 Primary Download URL: https://www.courts.ca.gov/documents/cr180.pdf Alternate Download URLs: https://www.courts.ca.gov/documents/cr180s.pdf Fo…

• #2

  If additional space is needed for listing offenses, use Attachment to Judicial Council Form (form MC-025). 2. Felony or misdemeanor with probation granted (Pen. Code, § 1203.4) Probation was granted on the terms and conditions stated in the docket of the above-entitled court; the petitioner is not serving a sentenc…

• #3

  (Please provide evidence that the conviction was the result of your status as a victim of human trafficking. You can provide that information by writing in the space below or by attaching a letter or other relevant documents. If you need more space for your writing, you can use Attachment (form MC-025) or Attached D…

• #4

  (Please note: You may explain why granting a dismissal would be in the interests of justice. You can provide that information by writing in the space below or by attaching a letter or other relevant documents. If you need more space for your writing, you can use Attachment (form MC-025) or Attached Declaration (form…