CR-400 - Petition/Application Under Health and Safety Code Section 11361.8—Adult Crimes

Summary

Petition/Application Under Health and Safety Code Section 11361.8—Adult Crimes

Text

Form ID: CR-400
Title: Petition/Application Under Health and Safety Code Section 11361.8—Adult Crimes
Effective Date: 2024-01-01
Mandatory Form: no
Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-400
Primary Download URL: https://www.courts.ca.gov/documents/cr400.pdf
Form Detail Page:
Petition/Application Under Health and Safety Code Section 11361.8—Adult Crimes
(CR-400)
Ask a court to clean your criminal record of a marijuana related conviction in order to minimize the conviction's impact on employment and other areas.
Get form CR-400
Effective: January 1, 2024
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PDF Text:
Form Approved for Optional Use  
Judicial Council of California  
CR-400 [Rev. January 1, 2024]
PETITION/APPLICATION UNDER HEALTH AND SAFETY CODE 
SECTION 11361.8— ADULT CRIMES
Health and Safety Code, § 11361.8 
FOR COURT USE ONLY
CASE NUMBER:
CR-400
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/APPLICATION UNDER HEALTH AND SAFETY CODE 
SECTION 11361.8— ADULT CRIMES
RESENTENCING OR DISMISSAL 
(Health & Saf. Code, § 11361.8(b))
REDESIGNATION OR DISMISSAL/SEALING
(Health & Saf. Code, § 11361.8(f))
FOR COURT USE ONLY
DATE:
TIME:
DEPARTMENT:
Note to petitioner/applicant: Your conviction may have already been automatically dismissed or redesignated. If so, this petition/
application may be unnecessary—but there may be additional benefits to filing it with the court. If you want to know if your conviction 
has already been dismissed or redesignated, you can request your Record of Arrest and Prosecution (RAP) sheet from the California 
Department of Justice, but this is not required.
1. CONVICTION INFORMATION (check all of the Health and Safety Code sections that apply)
a. 11357 - Possession of Marijuana
b. 11358 - Cultivation of Marijuana
c. 11359 - Possession of Marijuana for Sale
d. 11360 - Transportation, Distribution, or Importation of Marijuana 
e. 11362.1 - Personal Use of Marijuana
2. REQUEST (check all that apply)
a. PETITION: Petitioner is currently serving a sentence in the above-captioned case and now requests that the court recall 
and resentence or dismiss the conviction.
b. APPLICATION: Applicant has completed the sentence in the above-captioned case and now requests that the court 
redesignate or dismiss and seal the conviction.
3. WAIVER OF HEARING BY ORIGINAL SENTENCING JUDGE
Petitioner/applicant waives the right to have this matter heard by the original sentencing judge. The presiding judge of the  
court may designate any judge to rule on this matter.
4. WAIVER OF APPEARANCE
Petitioner/applicant understands there is a right to personally attend any hearing held in this matter. Petitioner/applicant gives 
up that right; the matter may be heard without petitioner/applicant's appearance. 
Date:
(TYPE OR PRINT NAME)
 (SIGNATURE OF PETITIONER/APPLICANT OR ATTORNEY)
Proof of Service for Petition/Application under Health and Safety Code Section 11361.8—Adult Crimes (form CR-401)  
may be used to provide proof of service of this petition/application. Page 1 of 1

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• #1

  Form ID: CR-400 Title: Petition/Application Under Health and Safety Code Section 11361.8—Adult Crimes Effective Date: 2024-01-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-400 Primary Download URL: https://www.courts.ca.gov/documents/cr400.pdf Form Detail Page: Petition/Application…

• #2

  a. PETITION: Petitioner is currently serving a sentence in the above-captioned case and now requests that the court recall and resentence or dismiss the conviction. b. APPLICATION: Applicant has completed the sentence in the above-captioned case and now requests that the court redesignate or dismiss and seal the co…