CR-430-INFO - Information on Filing a Petition for Dismissal—Incarcerated Individual Hand Crew or Institutional Firehouse Participant

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Information on Filing a Petition for Dismissal—Incarcerated Individual Hand Crew or Institutional Firehouse Participant

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Form ID: CR-430-INFO
Title: Information on Filing a Petition for Dismissal—Incarcerated Individual Hand Crew or Institutional Firehouse Participant
Effective Date: 2024-01-01
Mandatory Form: no
Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-430-INFO
Primary Download URL: https://www.courts.ca.gov/documents/cr430info.pdf
Form Detail Page:
Information on Filing a Petition for Dismissal—Incarcerated Individual Hand Crew or Institutional Firehouse Participant
(CR-430-INFO)
Get form CR-430-INFO
Effective: January 1, 2024
Go to
How-to instructions for Criminal
PDF Text:
Judicial Council of California, www.courts.ca.gov  
Rev. January 1, 2024, Optional Form 
Penal Code, § 1203.4b
Information on Filing a Petition for Dismissal—Incarcerated 
Individual Hand Crew or Institutional Firehouse Participant
CR-430-INFO Information on Filing a Petition for Dismissal—Incarcerated 
Individual Hand Crew or Institutional Firehouse Participant
Penal Code section 1203.4b allows eligible former 
inmates to ask the court to dismiss a conviction and 
take other actions that can improve their criminal 
record (“record clearing”). 
Read this information carefully to learn whether 
you may be eligible for § 1203.4b relief, and how to 
complete Petition for Dismissal— Incarcerated 
Individual Hand Crew or Institutional Firehouse 
Participant (form CR-430) to request relief. (Form 
CR-430 is available at www.courts.ca.gov/forms.)
1 Who is eligible to apply for relief under 
Penal Code § 1203.4b?
You must meet ALL of these requirements to be eligible 
to apply (petition) for relief under § 1203.4b: 
a. You were incarcerated in state prison or county jail.
b. While in state prison or in county jail, you successfully 
participated as a hand crew member (“grade eligible”) in 
a California Conservation Camp program operated by 
the California Department of Corrections and 
Rehabilitation (CDCR);
OR
While in county jail, you successfully participated in an 
incarcerated individual fire camp hand crew program 
operated by a county agency (for example, the sheriff’s 
department);
OR
While incarcerated, you successfully participated at an 
institutional firehouse.
c. You have been released from custody (i.e., you are not 
in state prison or county jail).       
d. You are not currently charged with committing any 
offense. 
NOTE: You are NOT eligible for Penal Code section 
1203.4b relief if your conviction was for any of these 
offenses: murder; kidnapping; rape (as defined in Penal 
Code section 261(a)(2), (6) or 262(a)(1), (4)); a violation of 
Penal Code section 288 (specified sex offenses); any felony 
punishable by death or imprisonment in the state prison for 
life; any sex offense requiring registration under Penal 
Code section 290; escape from a secure perimeter within 
the previous 10 years; or arson. 
2 I’m still on probation, parole, or 
supervised release. Can I apply for  
§ 1203.4b relief now?
• Yes, you can still petition for a § 1203.4b dismissal 
even if you are on a term of probation, parole, or 
supervised release. The law says that you are not 
required to complete your term of supervision before 
you can ask the court to dismiss your conviction.
• If you are still on a term of supervision and have not 
violated any terms or conditions of your supervision, 
and the court grants your petition for a § 1203.4b 
dismissal, the court will also order early termination of 
supervision.
3 What information do I need to include on 
my petition?
Form CR-430 is the form for requesting § 1203.4b relief. It 
is available at www.courts.ca.gov/forms. You do not have 
to use form CR-430 for your petition, but it helps organize 
the information for the court.  
You will need to file a separate petition for each case. You 
will need to list on your petition:
• The case number; and 
• Your local identifying number (if any, and if known).
It is helpful to provide details about your 
participation in a CDCR fire camp or an 
institutional firehouse program:
• The CDCR number you had while participating in fire 
camp or an institutional firehouse;
• The name of the fire camp or institutional firehouse; 
and 
• The approximate dates that you were in fire camp or at 
an institutional firehouse.  
For example: CDCR No. TK12345;  
Eel River Camp, August–November, 2020
You are not required by law to provide this information in 
your petition. It can help speed up the court’s decision on 
your request by making it easier for CDCR to locate and 
confirm your participation in fire camp or an institutional 
firehouse and report back to the court.
Tip: If you were a county jail inmate and participated in a 
fire camp, it is very likely the fire camp was operated by  
CDCR. You would have been given a CDCR number 
during your time in fire camp.
CR-430-INFO, Page 1 of 4

Rev. January 1, 2024 Information on Filing a Petition for Dismissal—Incarcerated 
Individual Hand Crew or Institutional Firehouse Participant
CR-430-INFO Information on Filing a Petition for Dismissal—Incarcerated 
Individual Hand Crew or Institutional Firehouse Participant 
You may also explain why granting a dismissal would be 
in the interests of justice. You can write in the allotted 
space on the form, or you can use either Attachment (form 
MC-025) or Attached Declaration (form MC-031) (which 
is under penalty of perjury). Both are available at 
www.courts.ca.gov/forms.
4 I still owe a restitution fine in my case. 
Can I apply for § 1203.4b relief now?
Yes. The law says the court cannot deny § 1203.4b relief 
because of unpaid restitution and fines.
5 Where and how do I file my § 1203.4b 
petition with the court?
a. You must file your petition with the court. File in the 
county where you were sentenced for the conviction 
you want the court to dismiss.
First, check with the court clerk or check the  court’s 
website to see whether there are any local rules about 
filing and service of the petition, as well as how to 
obtain proof of filing. 
• In many counties, you must serve the original § 
1203.4b petition with the court, have the court file-
stamp one copy, and then you must serve the file-
stamped copy of the petition on the prosecuting 
attorney. 
• If you “file first,” as described in b. and c. below, the 
court has a chance to add a hearing date to the 
petition before you serve it.
• Some courts require you to first serve a copy of the § 
1203.4b petition on the prosecuting attorney and then 
file the original petition with the court, together with 
a completed and signed proof of service. (See 
and        for information on service and proof of 
service.)
6
7
b. Fill out petition form CR-430, and make at least two 
copies. You will use one copy to notify the prosecuting 
attorney. Be sure to keep the other copy for your own 
records.
c. File the original § 1203.4b petition with the court by: 
• Taking the original petition and a copy to the court in 
person and handing it to the court clerk; or 
• Mailing the petition and a copy to the court; or 
• Filing the petition electronically, if the local court 
rules permit this type of filing. 
d. When the court files the original petition, ask the court 
clerk to file-stamp the copy of the petition and return it 
to you. This is an important step because, in many 
counties, the file-stamped copy must be served on the 
prosecuting attorney. If you file the petition by mail, 
include the copy for the court clerk to file-stamp and 
then return to you. Include a self-addressed, stamped 
envelope for the clerk to use to mail the file-stamped 
copy back to you.
6 How do I "serve" a copy of my § 1203.4b 
petition on the prosecuting attorney?
a. “Serving” a petition means delivering a copy of the 
petition to the prosecuting attorney. 
b. You must serve a copy of your § 1203.4b petition on the 
prosecuting attorney in the county where you filed your 
petition with the court.
c. You can serve the petition by:
• Personal service: You or another person over age 
18 go in person to hand-deliver a copy of the petition 
to the prosecuting attorney’s office during business 
hours by handing it to an employee. Be sure to get 
the name of the employee for your proof of service.
• Service by mail: Mail a copy of the petition to the 
prosecuting attorney’s office. You may mail the 
petition by first-class mail or by certified mail with a 
return receipt requested.
• Electronic service: Contact the prosecuting 
attorney’s office to see if they accept electronic 
service. If they do, the court may require proof of 
their consent to electronic service. You can use 
Consent to Electronic Service and Notice of 
Electronic Service Address (form EFS-005-CV), 
available at www.courts.ca.gov/forms.
CR-430-INFO, Page 2 of 4

Rev. January 1, 2024 Information on Filing a Petition for Dismissal—Incarcerated 
Individual Hand Crew or Institutional Firehouse Participant
CR-430-INFO Information on Filing a Petition for Dismissal—Incarcerated 
Individual Hand Crew or Institutional Firehouse Participant 
7 How do I prove that I served my  
§ 1203.4b petition on the prosecuting 
attorney?
a. It is very important that you properly serve your  
§ 1203.4b petition and then file proof with the court. 
This “proof of service” tells the court that you gave the 
prosecuting attorney the required notice of your  
§ 1203.4b petition. 
b. You will need to confirm that you served the petition by 
filing a proof of service form that describes who, when, 
where, and how you served your § 1203.4b petition. 
You can use Proof of Service—Criminal Record 
Clearing (form CR-106) for this purpose.
c. Fill out form CR-106. (Follow the directions on form 
CR-106-INFO. Both forms are available at 
www.courts.ca.gov/forms). Form CR-106 has spaces for 
you to write how you served the prosecuting attorney 
with your § 1203.4b petition. If you had someone else 
help you serve the petition on the prosecuting attorney, 
that person will have to fill out the proof of service 
form.
d. After filling out the proof of service (form CR-106), 
make a copy for you to keep.
e. You must file the original proof of service with the 
court to prove that you gave the prosecuting attorney the 
required notice of your § 1203.4b petition. You can file 
the proof of service form  the same way you filed the 
petition.
8 What happens next?
a. The court can consider your petition 15 days after 
you serve the prosecuting attorney with your 
petition. The prosecuting attorney can object to 
your petition at any time before the court grants 
or denies the petition.
b. If the prosecuting attorney does object, you will receive 
a copy of the objection in the mail and the court will 
schedule a hearing. (See        for more information 
about the hearing.)
11
c. Before the court can grant your § 1203.4b petition, the 
court must get certification of your participation in fire 
camp or an institutional firehouse from CDCR or the 
appropriate county authority.
9 What is "certification" by CDCR or the 
appropriate county authority?
a. In order for the court to decide whether to grant your § 
1203.4b petition, the court must have “certification” 
from CDCR or the county authority that: 
• You successfully participated in fire camp as a hand 
crew member or at an institutional firehouse; AND 
• You participated in fire camp or an institutional 
firehouse during the time you were incarcerated for 
the conviction you are asking the court to dismiss.
b. When you file your § 1203.4b petition, include a copy 
of form CR-431. You should fill out personal 
information on the form that you also included on form 
CR-430, but the court will fill out the rest. The court 
will then send the forms to CDCR or the appropriate 
county authority to ask for confirmation 
(“certification”) of your successful participation in fire 
camp or an institutional firehouse.
c. “Successful participation” in fire camp or an 
institutional firehouse means that you adequately 
performed your duties and did not have any violations 
that could have led to your removal from fire camp or 
the institutional firehouse.
10 When will the court make a decision? 
a. The court will not make a decision until it hears from 
CDCR or the appropriate county agency certifying 
participation.
b. The law does not set a time frame, but the court may ask 
CDCR or the appropriate county authority to respond to 
a request for certification by a certain date.
c. After CDCR or the appropriate county authority 
certifies whether your participation in fire camp or an 
institutional firehouse was successful, the court likely 
will contact you and the prosecuting attorney. But the 
law does not require the court to contact you, so you 
may want to check with the court to confirm that the 
certification has been received. 
CR-430-INFO, Page 3 of 4

Rev. January 1, 2024 Information on Filing a Petition for Dismissal—Incarcerated  
Individual Hand Crew or Institutional Firehouse Participant 
CR-430-INFO Information on Filing a Petition for Dismissal—Incarcerated 
Individual Hand Crew or Institutional Firehouse Participant
11 Will I have to attend a hearing?
a. The law does not require the court to hold a hearing in 
order to make a decision on your § 1203.4b petition. 
The court can make a decision on your petition without 
holding a hearing. But the law allows the court to hold a 
hearing if it chooses to do so.
b. The law allows the prosecuting attorney to request a 
hearing and to ask the court to deny your § 1203.4b 
petition.
c. If the court schedules a hearing, you will be notified of 
the hearing date and time. You have a right to attend the 
hearing and to explain why your § 1203.4b petition 
should be granted and your conviction dismissed.
d. Note: Even if the prosecuting attorney does not object to 
your § 1203.4b petition, the court may ask the 
prosecuting attorney to tell the court whether there is 
anything it should consider when deciding whether to 
grant your petition.
12 How will the court make its decision?
a. If you meet all of the eligibility factors, and the court 
receives certification of your successful participation in 
fire camp or at an institutional firehouse, the court may 
grant your § 1203.4b petition if it is in the interests of 
justice. 
b. If the court determines that it’s not in the interests of 
justice to grant relief, the court can deny your petition 
even if you meet all the eligibility requirements. You 
may resubmit your petition in the future if you think the 
court’s decision was incorrect.
c. Once the court makes a decision on your § 1203.4b 
petition, it will issue an order (likely on form CR-432) 
that states whether the court granted or denied your 
petition. If the court grants your petition, the order will 
state which convictions have been dismissed and 
whether supervision has been terminated. The court will 
also report this change in your record to the Department 
of Justice so that your statewide criminal history 
summary can be updated.
13 If the court grants relief, what happens to 
my conviction?
a. If the court grants relief and dismisses the conviction, 
you will be released from most of the penalties and 
restrictions that are connected to the conviction. The 
law keeps certain penalties in place. 
b. A dismissal will NOT:
• Reinstate your right to possess firearms.
• Prevent suspension of your driver’s license in some 
cases.
Allow you to omit the conviction from applications 
for the California Commission on Teacher 
Credentialing, a position as a peace officer, public 
officer, or for contracting with the California State 
Lottery Commission.
• 
Permit you to hold public office if the law prohibits 
people from holding public office as a result of that 
conviction.
• 
• Seal or remove the court file from public inspection.
Prevent the conviction from being used as a “prior” 
in the future.
• 
• Remove from your record the fact that an arrest 
occurred.
• Release you from the terms and conditions of an 
unexpired criminal protective order that has not been 
modified or terminated by the court.
CR-430-INFO, Page 4 of 4

Retrieval chunks

• #1

  Form ID: CR-430-INFO Title: Information on Filing a Petition for Dismissal—Incarcerated Individual Hand Crew or Institutional Firehouse Participant Effective Date: 2024-01-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-430-INFO Primary Download URL: https://www.courts.ca.gov/documents…

• #2

  offenses: murder; kidnapping; rape (as defined in Penal Code section 261(a)(2), (6) or 262(a)(1), (4)); a violation of Penal Code section 288 (specified sex offenses); any felony punishable by death or imprisonment in the state prison for life; any sex offense requiring registration under Penal Code section 290; …

• #3

  Individual Hand Crew or Institutional Firehouse Participant CR-430-INFO Information on Filing a Petition for Dismissal—Incarcerated Individual Hand Crew or Institutional Firehouse Participant You may also explain why granting a dismissal would be in the interests of justice. You can write in the allotted space on…

• #4

  prosecuting attorney. If you file the petition by mail, include the copy for the court clerk to file-stamp and then return to you. Include a self-addressed, stamped envelope for the clerk to use to mail the file-stamped copy back to you. 6 How do I "serve" a copy of my § 1203.4b petition on the prosecuting attor…

• #5

  with your § 1203.4b petition. If you had someone else help you serve the petition on the prosecuting attorney, that person will have to fill out the proof of service form. d. After filling out the proof of service (form CR-106), make a copy for you to keep. e. You must file the original proof of service with the…

• #6

  b. The law does not set a time frame, but the court may ask CDCR or the appropriate county authority to respond to a request for certification by a certain date. c. After CDCR or the appropriate county authority certifies whether your participation in fire camp or an institutional firehouse was successful, the co…

• #7

  petition. If the court grants your petition, the order will state which convictions have been dismissed and whether supervision has been terminated. The court will also report this change in your record to the Department of Justice so that your statewide criminal history summary can be updated. 13 If the court g…