Fillable 6XSHULRU&RXUWRI&DOLIRUQLD &RXQW\RI5LYHUVLGH 5HTXHVWIRU'LVPLVVDO&RYHUVKHHW 'HIHQGDQW,QIRUPDWLRQ (California)

Fill Online, Printable, Fillable, Blank 6XSHULRU&RXUWRI&DOLIRUQLD &RXQW\RI5LYHUVLGH 5HTXHVWIRU'LVPLVVDO&RYHUVKHHW 'HIHQGDQW,QIRUPDWLRQ (California) Form

Use Fill to complete blank online CALIFORNIA pdf forms for free. Once completed you can sign your fillable form or send for signing. All forms are printable and downloadable.

6XSHULRU&RXUWRI&DOLIRUQLD &RXQW\RI5LYHUVLGH 5HTXHVWIRU'LVPLVVDO&RYHUVKHHW 'HIHQGDQW,QIRUPDWLRQ (California)

On average this form takes 37 minutes to complete

The 6XSHULRU&RXUWRI&DOLIRUQLD &RXQW\RI5LYHUVLGH 5HTXHVWIRU'LVPLVVDO&RYHUVKHHW 'HIHQGDQW,QIRUPDWLRQ (California) form is 8 pages long and contains:

  • 0 signatures
  • 24 check-boxes
  • 138 other fields

Country of origin: US
File type: PDF

BROWSE CALIFORNIA FORMS

Related forms
Fill has a huge library of thousands of forms all set up to be filled in easily and signed.
Fill in your chosen form
Sign the form using our drawing tool
Send to someone else to fill in and sign.
find another form
 
6XSHULRU&RXUWRI&DOLIRUQLD
&RXQW\RI5LYHUVLGH
5HTXHVWIRU'LVPLVVDO&RYHUVKHHW
'HIHQGDQW,QIRUPDWLRQ
1DPH)LUVW0LGGOH/DVW
7HOHSKRQH1XPEHU 
6WUHHW$GGUHVV
&LW\6WDWH=LS&RGH
'ULYHU¶V/LFHQVH1R
6RFLDO6HFXULW\1RODVWIRXUGLJLWVRQO\[[[[[
'DWHRI%LUWK
&,,1RLI\RXNQRZLW
&DVH,QIRUPDWLRQ
&DVH1XPEHU
'DWHRI&RQYLFWLRQ)HORQ\RU0LVGHPHDQRU"
,I\RXZHUHFRQYL
FWHGRID)HORQ\DUH\RXUHTXHVWLQJWKH)HORQ\EHUHGXFHGWRD0LVGHPHDQRU"<HV1R
,QVHUWRIIHQVH\RXZHUHFRQYLFWHGRI
:DV3UREDWLRQJUDQWHGRQ\RXUFDVH"<HV1R
'LG\RXFRPSOHWH3UREDWLRQ" <HV1R
:DVSUREDWLRQWHUPLQDWHGHDUO\"<HV1R
,ISUREDWLRQZDVQRWJUDQWHGKDVRQH\HDUSDVVHGVLQFHWKH-XGJPHQWZDVHQWHUHGDJDLQVW\RX"<HV
1R

$UH\RXVHUYLQJDVHQWHQFHIRUDQ\DGGLWLRQDORIIHQVHVRUKDYH\RXEHHQFKDUJHGZLWKDQ\DGGLWLRQDOFULPHV"
<HV1R


&RXUW/RFDWLRQ,QIRUPDWLRQ
6HOHFWFRXQW\ZKHUHFRQYLFWLRQWRRNSODFH
6HOHFWFRXUWKRXVHZKHUHFRQYLFWLRQWRRNSODFH
'DWH
Print These Forms
Clear These Forms
CODE
SECTION:
(SELECT COUNTY)
(SELECT COURTHOUSE)
CR-180
PEOPLE OF THE STATE OF CALIFORNIA
v.
DATE OF BIRTH:
DEFENDANT:
FOR COURT USE ONLY
CASE NUMBER:
PETITION FOR DISMISSAL
(Pen. Code, §§ 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.41, 1203.42, 1203.43, 1203.49)
FOR COURT USE ONLY
DATE:
TIME:
DEPARTMENT:
ATTORNEY OR PARTY WITHOUT ATTORNEY:
CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
STATE BAR NUMBER:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
(date):
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:
Code 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).
1.
a.
b.
c.
2.
Felony or misdemeanor with probation granted (Pen. Code, § 1203.4)
has fulfilled the conditions of probation for the entire period thereof.
has been discharged from probation prior to the termination of the period thereof.
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 the Attached Declaration (form
MC-031) and attach it to this petition.)
Form Approved for Optional Use
Judicial Council of California
CR-180 [Rev. January 1, 2019]
PETITION FOR DISMISSAL
Penal Code, §§ 17(b), 17(d)(2), 1203.4, 1203.4a,
1203.41, 1203.42, 1203.43, and 1203.49
www.courts.ca.gov
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 under charge of commission of any crime, and the
petitioner (check all that apply)
Page 1 of 3
SELF-REPRESENTED
YES
NO
YES
YES
YES
NO
YES
YES
NO
YES
YES
NO
YES
YES
NO
Page 2 of 3
CR-180 [Rev. January 1, 2019]
PETITION FOR DISMISSAL
CASE NUMBER:
PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT:
CR-180
4.
Misdemeanor conviction under Penal Code section 647(b) (Pen. Code, § 1203.49)
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 the Attached Declaration (form
MC-031) and attach it to this petition.)
has lived an honest and upright life since pronouncement of judgment and conformed to and obeyed the laws of
the land; or
Probation was not granted; more than one year has elapsed since the date of pronouncement of judgment. Petitioner has
complied with the sentence of the court and is not serving a sentence for any offense or under charge of commission of any
crime; and the petitioner (check one):
a.
b.
3.
Misdemeanor or infraction with sentence other than probation (Pen. Code, § 1203.4a)
Petitioner has completed a term of probation for a conviction under Penal Code section 647(b) and should be granted relief
because the petitioner can establish by clear and convincing evidence that the conviction was the result of his or her status
as a victim of human trafficking.
(Please note: You may 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 the Attached Declaration (form MC-031) and attach it to this petition.)
Felony county jail sentence under Penal Code section 1170(h)(5) (Pen. Code, § 1203.41)
(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 the Attached Declaration (form MC-031) and attach it to this petition.)
Petitioner is not under supervision under Penal Code section 1170(h)(5)(B); is not serving a sentence for, on probation for, or
charged with the commission of any offense; and should be granted relief in the interests of justice, and (check one)
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); or
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).
a.
b.
5.
Petitioner requests that he or she 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.
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).
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(ADDRESS OF PETITIONER)
(CITY) (STATE)
(ZIP CODE)
(SIGNATURE OF PETITIONER OR ATTORNEY)
8.
9.
7.
attached a copy of his or her state summary criminal history information.
court records are available showing the case resolution; or
petitioner declares under penalty of perjury that the charges were dismissed after he or she completed the
requirements for deferred entry of judgment. Petitioner (check one)
has
has not
a.
b.
(1)
(2)
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 (date): . Furthermore (check one),
Page 3 of 3
CR-180 [Rev. January 1, 2019]
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 charged with the commission of any
offense; 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 the Attached Declaration (form MC-031) and attach it to this petition.)
Form Approved for Optional Use
Judicial Council of California
MC-031 [Rev. July 1, 2005]
ATTACHED DECLARATION
PLAINTIFF/PETITIONER:
CASE NUMBER:
DEFENDANT/RESPONDENT:
MC-031
(This form must be attached to another form or court paper before it can be filed in court.)
DECLARATION
Date:
(SIGNATURE OF DECLARANT)
(TYPE OR PRINT NAME)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Plaintiff
Other (Specify):
Defendant
Attorney for
Petitioner
Respondent
Page 1 of 1
PEOPLE OF THE STATE OF CALIFORNIA
✔
JUDICIAL SUBPOENA
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
Courtat thethe Honorable
located at
County of
o'clock in theday of noon, and at any recessedin room , on the , 20 , at
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
Telephone No.:
Facsimile No.:
E-Mail Address:
I
Calendar No.
THE PEOPLE OF THE STATE OF NEW YORK
TO
Index No.
,
American LegalNet, Inc.
www.USCourtForms.com
Court in
Witness, Honorable , one of the Justices of the
day of , 20County,
COURT
COUNTY OF
Plaintiff(s)
-against-
Defendant(s)
:
:
:
:
:
:
:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mobile Tel. No.:
§ 1203.41
ALL CONVICTIONS OR PLEAS FOR DEFERRED ENTRY OF JUDGMENT in the above-entitled action.
only the following convictions or pleas for deferred entry of judgment in the above-entitled action
§ 1203.49
Form Approved for Optional Use
Judicial Council of California
CR-181 [Rev. January 1, 2019]
ORDER FOR DISMISSAL
Page 1 of 2
Penal Code, §§ 17(b), 17(d)(2), 1203.4, 1203.4a,
1203.41, 1203.42, 1203.43, and 1203.49
www.courts.ca.gov
CR-181
PEOPLE OF THE STATE OF CALIFORNIA
v.
DATE OF BIRTH:
DEFENDANT:
ORDER FOR DISMISSAL
(Pen. Code, §§ 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.41, 1203.42, 1203.43, 1203.49)
FOR COURT USE ONLY
CASE NUMBER:
ATTORNEY OR PARTY WITHOUT ATTORNEY:
CITY, STATE, ZIP:
STREET ADDRESS:
FIRM NAME:
NAME:
STATE BAR NUMBER:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
1. The court GRANTS the petition for reduction of a felony to a misdemeanor (maximum punishment of 364 days per Pen. Code,
§ 18.5) under Penal Code section 17(b) and/or for reduction of a misdemeanor to an infraction under Penal Code section
17(d)(2) and reduces
The court finds from the records on file in this case, and from the foregoing petition, that the petitioner (the defendant in the above-
entitled criminal action) is eligible for the following requested relief:
ALL FELONY CONVICTIONS in the above-entitled action.
only the following convictions in the above-entitled action (specify charges and date of conviction):
2. The court DENIES the petition for reduction of a felony to a misdemeanor under Penal Code section 17(b) and/or for reduction of a
misdemeanor to an infraction under Penal Code section 17(d)(2) for
ALL FELONY CONVICTIONS in the above-entitled action.
only the following convictions in the above-entitled action (specify charges and date of conviction):
3.
ALL MISDEMEANOR CONVICTIONS in the above-entitled action.
ALL MISDEMEANOR CONVICTIONS in the above-entitled action.
(specify charges and date
of conviction or plea for deferred entry of judgment):
The court GRANTS the petition for dismissal regarding the following convictions under Penal Code (check all that apply)
§ 1203.42
and it is ordered that the pleas of guilty or nolo contendere or verdicts or findings of guilt be set aside and vacated and a plea of
not guilty be entered and that the complaint or information be, and is hereby, dismissed for (check one)
§ 1203.43
§ 1203.4a§ 1203.4
a.
b.
c.
a.
b.
c.
a.
b.
SELF-REPRESENTED
FOR COURT USE ONLY
(JUDICIAL OFFICER)
If the order is granted under the provisions of Penal Code section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.49, the petitioner is
released from all penalties and disabilities resulting from the offense except as provided in Penal Code sections 29800 and 29900
(formerly sections 12021 and 12021.1) and Vehicle Code section 13555. In any subsequent prosecution of the petitioner for any
other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted
or the accusation or information dismissed. The dismissal does not permit a person to own, possess, or have in his or her control a
firearm if prevented by Penal Code sections 29800 or 29900 (formerly sections 12021 and 12021.1). Dismissal of a conviction
does not permit a person prohibited from holding public office as a result of that conviction to hold public office.
9.
In addition, as required by Penal Code section 299(f), relief under Penal Code sections 17(b), 17(d)(2),
1203.4, 1203.4a, 1203.41, 1203.42, or 1203.49 does not release petitioner from the separate
administrative duty to provide specimens, samples, or print impressions under the DNA and Forensic
Identification Database and Data Bank Act (Pen. Code, § 295 et seq.) if petitioner was found guilty by
a trier of fact, not guilty by reason of insanity, or pled no contest to a qualifying offense as defined in
Penal Code section 296(a).
Date:
6.
8.
The basis for an order of dismissal granted under the provisions of Penal Code section 1203.43 is the
invalidity of defendant's prior plea due to misinformation in former Penal Code section 1000.4
regarding the actual consequences of making a plea and successful completion of a deferred entry of
judgment program.
10.
If this order is granted under the provisions of Penal Code section 1203.4, 1203.41, or 1203.42,
the petitioner is required to disclose the above conviction in response to any direct question contained in any questionnaire or
application for public office, or for licensure by any state or local agency, or for contracting with the California State Lottery
Commission; and
dismissal of the conviction does not automatically relieve petitioner from the requirement to register as a sex offender.
(See, e.g., Pen. Code, § 290.5.)
a.
b.
7.
5. In granting this order under the provisions of Penal Code section 1203.49, the court finds that the petitioner was a victim of human
trafficking when he or she committed the crime. The court orders (check one)
CASE NUMBER:
PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT:
CR-181
Page 2 of 2 CR-181 [Rev. January 1, 2019]
ORDER FOR DISMISSAL
4.
The court DENIES the petition for dismissal under Penal Code (check all that apply)
ALL CONVICTIONS OR PLEAS FOR DEFERRED ENTRY OF JUDGMENT in the above-entitled action.
§ 1203.49 for (check one)
only the following convictions or pleas for deferred entry of judgment in the above-entitled action (specify charges and
date of conviction or plea for deferred entry of judgment):
§ 1203.41
§ 1203.42 § 1203.43
§ 1203.4
§ 1203.4a
If the order is granted under the provisions of Penal Code section 1203.49, the Department of Justice is hereby notified that
petitioner was a victim of human trafficking when he or she committed the crime, and of the relief ordered.
a.
b.
a.
b.
the relief described in section 1203.4.
the relief described in section 1203.4, with the following exceptions (specify):
POS-030
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
CASE NUMBER:
PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL
I am over 18 years of age and not a party to this action. I am a resident of or employed in the county where the mailing
took place.
My residence or business address is:
On (date): I mailed from (city and state):
the following documents (specify):
I served the documents by enclosing them in an envelope and (check one):
a. depositing the sealed envelope with the United States Postal Service with the postage fully prepaid.
b.
The envelope was addressed and mailed as follows:
Name of person served:
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETING THIS FORM)
Form Approved for Optional Use
Judicial Council of California
POS-030 [New January 1, 2005]
PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL
Code of Civil Procedure, §§ 1013, 1013a
1.
2.
3.
placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with this
business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is
placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in
a sealed envelope with postage fully prepaid.
4.
Address of person served:b.
a.
www.courtinfo.ca.gov
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
TELEPHONE NO.:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
FAX NO. (Optional):
(Do not use this Proof of Service to show service of a Summons and Complaint.)
The name and address of each person to whom I mailed the documents is listed in the Attachment to Proof of Service
by First-Class Mail—Civil (Persons Served) (POS-030(P)).
The documents are listed in the Attachment to Proof of Service by First-Class Mail—Civil (Documents Served)
(form POS-030(D)).
5.
E-MAIL ADDRESS (Optional):
(Proof of Service)
SELF-REPRESENTED
(SELECT COUNTY)
PEOPLE OF THE STATE OF CALIFORNIA
PETITION FOR DISMISSAL (CR-180) ORDER FOR DISMISSAL (CR-181),
DECLARATION OF DEFENDANT (MC-031)
INFORMATION SHEET FOR PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL
Use these instructions to complete the Proof of Service by First-Class Mail—Civil (form POS-030).
A person over 18 years of age must serve the documents. There are two main ways to serve documents:
(1) by personal delivery and (2) by mail. Certain documents must be personally served. You must determine whether
personal service is required for a document. Use the Proof of Personal Service–Civil (form POS-020) if the documents
were personally served.
INSTRUCTIONS FOR THE PERSON WHO SERVED THE DOCUMENTS
Complete the top section of the proof of service form as follows:
Second box, left side
: Print the name of the county in which the legal action is filed and the court’s address in this box.
The address for the court should be the same as on the documents that you served.
Third box, left side
: Print the names of the Petitioner/Plaintiff and Respondent/Defendant in this box. Use the same names
as are on the documents that you served.
First box, top of form, right side
: Leave this box blank for the court’s use.
Complete items 1–5 as follows:
You are stating that you are over the age of 18 and that you are not a party to this action. You are also stating that
you either live in or are employed in the county where the mailing took place.
Print your home or business address.
Provide the date and place of the mailing and list the name of each document that you mailed. If you need more
space to list the documents, check the box in item 3, complete the Attachment to Proof of Service by First-Class
Mail—Civil (Documents Served) (form POS-030(D)), and attach it to form POS-030.
Check box a if you personally put the documents in the regular U.S. mail.
Check box b if you put the documents in the mail at your place of business.
At the bottom, fill in the date on which you signed the form, print your name, and sign the form. By signing,
you are stating under penalty of perjury that all the information you have provided on form POS-030 is true
and correct.
POS-030 [New January 1, 2005]
First box, left side: In this box print the name, address, and telephone number of the person for whom you served the
documents.
Second box, right side
: Print the case number in this box. The case number should be the same as the case number on
the documents that you served.
2.
1.
3.
4.
(This information sheet is not part of the Proof of Service and does not need to be copied, served, or filed.)
The person who served the documents by mail must complete a proof of service form for the documents served. You
cannot serve documents if you are a party to the action.
Provide the name and address of each person to whom you mailed the documents. If you mailed the documents to
more than one person, check the box in item 5, complete the Attachment to Proof of Service by First-Class
Mail—Civil (Persons Served) (form POS-030(P)), and attach it to form POS-030.
NOTE: This form should not be used for proof of service of a summons and complaint. For that purpose, use Proof of
Service of Summons (form POS-010).
PROOF OF SERVICE BY FIRST CLASS MAIL—CIVIL
The proof of service should be printed or typed. If you have Internet access, a fillable version of the Proof of Service
form is available at www.courtinfo.ca.gov/forms.
For item 4:
5.
(Proof of Service)
Download
Save PDF to desktop
Email
Email completed PDF
Send for Signing
Email for others to sign
Print
Print document
Choose a Field
Click on a field and
select the person that should complete it
Want to add a signature?
You can add a signature field
and assign it to someone else
to sign
Choose a Field
Click on a field and
select the person that should complete it

6XSHULRU&RXUWRI&DOLIRUQLD &RXQWRI5LYHUVLGH 5HTXHVWIRU'LVPLVVDO&RYHUVKHHW 'HIHQGDQW,QIRUPDWLRQ (California)

This document is locked as it has been sent for signing.

You have successfully completed this document.

Other parties need to complete fields in the document. You will recieve an email notification when the document has been completed by all parties.

This document has been signed by all parties.

Completed 8 January 2022

Message

View Audit Log
Print With Audit Log
Duplicate Document