CR-183 - Petition for Dismissal (Military Personnel)

Summary

Petition for Dismissal (Military Personnel)

Text

Form ID: CR-183
Title: Petition for Dismissal (Military Personnel)
Effective Date: 2016-01-01
Mandatory Form: no
Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-183
Primary Download URL: https://www.courts.ca.gov/documents/cr183.pdf
Form Detail Page:
Petition for Dismissal (Military Personnel)
(CR-183)
For current or former military personnel to ask the court to reduce or dismiss a criminal conviction in order to minimize the conviction's impact on employment and other areas. The criminal conviction must be due to a mental health disorder stemming from service in the United States military.
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Effective: January 1, 2016
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PDF Text:
CR-183/MIL-183 
PEOPLE OF THE STATE OF CALIFORNIA
v.
DEFENDANT: DATE OF BIRTH:
FOR COURT USE ONLY
CASE NUMBER:PETITION FOR DISMISSAL (Military Personnel) 
(Pen. Code, §§ 17(b), 1170.9(h))
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE: ZIP CODE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
STATE BAR NO:
TELEPHONE NO.: FAX NO. :
E-MAIL ADDRESS:
ATTORNEY FOR (Name):
Felony or misdemeanor with probation granted (Pen. Code, § 1170.9(h)): 
Petitioner was granted probation on the terms and conditions set forth in the docket of the above-entitled court. At the time 
probation was granted, the petitioner was a person described in Penal Code section 1170.9(a) (a member of the United States 
military suffering from sexual trauma, traumatic brain injury, posttraumatic stress disorder, substance abuse, or mental health 
problems as a result of his or her service) and the petitioner:
•   is in substantial compliance with the conditions of that probation; 
•   has successfully participated in court-ordered treatment and services to address the sexual trauma, traumatic brain injury, 
     posttraumatic stress disorder, substance abuse, or mental health problems stemming from military service; 
•   does not represent a danger to the health or safety of others; and 
•   has demonstrated significant benefit from court-ordered education, treatment, or rehabilitation to clearly show that granting 
     restorative relief would be in the interests of justice. 
(Note: You may complete and attach the Attached Declaration (form MC-031) or submit other relevant documents in support of one 
or more of the above statements.)
3.
(date):On                                        , the petitioner (the defendant in the above-entitled criminal action) was convicted of a violation of the 
following offenses:
Code Section Type of offense: (Felony or Misdemeanor) 
 
Eligible for reduction to 
misdemeanor under 
Penal Code § 17(b) (Yes 
or No)
If additional space is needed for listing offenses, use Attachment to Judicial Council Form (form MC-025).
2.
Form Approved for Optional Use  
Judicial Council of California 
CR-183/MIL-183  [New January 1, 2016]
Penal Code, §§ 17(b), 1170.9(h) 
www.courts.ca.govPETITION FOR DISMISSAL 
(Military Personnel)
Page 1 of 2
1. HEARING INFORMATION: A hearing on this petition for dismissal has been scheduled as follows:
Date: Time: Department:
Location (if different than court address above):
If an interpreter is needed, please specify language:
INSTRUCTIONS 
Before filing this form, petitioner should consult local rules and court staff to schedule the hearing in item 1.

The petitioner requests that the court order (check all that apply):5.
c. permit the petitioner to withdraw the plea of guilty, or set aside the verdict or finding of guilt and enter a plea of not guilty, 
and the court dismiss this action and grant relief in accordance with Penal Code section 1203.4, as specified in Penal 
Code section 1170.9(h)(3)(C).
deem all conditions of probation, other than victim restitution, to be satisfied, including fines, fees, assessments, and 
programs, and terminate probation prior to the expiration of the term of probation.
a.
reduce the eligible felony offenses listed above to misdemeanors under Penal Code section 17(b). b.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on:  
 (ADDRESS, PETITIONER) (CITY) (STATE) (ZIP CODE)
(DATE)
u
(SIGNATURE OF PETITIONER OR ATTORNEY)
Form Approved for Optional Use  
Judicial Council of California 
CR-183/MIL-183 [New January 1, 2016]
PETITION FOR DISMISSAL 
(Military Personnel)
Page 2 of 2
CASE NUMBER:PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT:
CR-183/MIL-183 
c.
participated in education, treatment, and rehabilitation as ordered by the court (indicate the degree of participation and 
whether it was completed).
progressed in formal education.
developed career potential.
demonstrated leadership and personal responsibility efforts.
contributed service in support of the community.
other factors.
b.
The petitioner has (check all that apply):
a.
e.
d.
(Note: You may complete and attach the Attached Declaration (form MC-031) or submit other relevant documents in support of 
one or more of the statements checked above to explain why granting a dismissal would be in the interests of justice.)
f.
4.
seal police records of the arrest and court records of the dismissed action in accordance with Penal Code section  
1170.9(h)(4)(D).
d.
For your protection and privacy, please press the Clear 
This Form button after you have printed the form.

Retrieval chunks

• #1

  Form ID: CR-183 Title: Petition for Dismissal (Military Personnel) Effective Date: 2016-01-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-183 Primary Download URL: https://www.courts.ca.gov/documents/cr183.pdf Form Detail Page: Petition for Dismissal (Military Personnel) (CR-183) …

• #2

  (date):On , the petitioner (the defendant in the above-entitled criminal action) was convicted of a violation of the following offenses: Code Section Type of offense: (Felony or Misdemeanor) Eligible for reduction to misdemeanor under Penal Code § 17(b) (Yes or No) If addi…

• #3

  The petitioner has (check all that apply): a. e. d. (Note: You may complete and attach the Attached Declaration (form MC-031) or submit other relevant documents in support of one or more of the statements checked above to explain why granting a dismissal would be in the interests of justice.) f. 4. seal police…