Form CR-180, Petition for Dismissal – California

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Form CR-180, Petition for Dismissal – California

CR-180, Petition for Dismissal, is a Judicial Council of California form used to ask a superior court to dismiss a conviction or reduce eligible offenses. Fill it out online on FillingPDF and download or print the completed PDF.
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CR-180 is the Petition for Dismissal published by the Judicial Council of California, the form a person uses to ask a California superior court to dismiss a criminal conviction and, where eligible, to reduce felonies to misdemeanors or misdemeanors to infractions. Each numbered item matches a Penal Code route to relief, so you complete only the items that fit your sentence. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the form itself is published by the Judicial Council at courts.ca.gov.

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What is CR-180?

Form CR-180, Petition for Dismissal, is the Judicial Council of California form on which a person convicted in a California criminal case asks the superior court to dismiss the conviction and, where eligible, reduce felonies to misdemeanors or misdemeanors to infractions.

The form is captioned for the Superior Court of California, with the county, case number and defendant name at the top, and it cites Penal Code sections 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.41, 1203.42, 1203.43 and 1203.49. It is approved for optional use, and the revision printed on it is Rev. January 1, 2024.

The petition is built in items, each tied to one kind of sentence:

  • Item 1 lists the conviction or deferred entry of judgment and the offenses.
  • Item 2: felony or misdemeanor with probation granted (§ 1203.4).
  • Item 3: misdemeanor or infraction with a sentence other than probation (§ 1203.4a).
  • Item 4: misdemeanor under Penal Code section 647(b) (§ 1203.49).
  • Item 5: felony county jail sentence under section 1170(h)(5) or felony state prison sentence (§ 1203.41).
  • Item 6: felony prison sentence that would have been eligible for county jail after 2011 (§ 1203.42).
  • Item 7: deferred entry of judgment (§ 1203.43).
  • Items 8 and 9 make the requests for reduction and for dismissal.

A note at the top warns that the California Department of Justice (DOJ) may already have dismissed your conviction automatically under Penal Code section 1203.425. If so, the petition may be unnecessary, but filing it can still bring benefits such as felony reduction under section 17(b). The California Courts self-help site also offers the form in Spanish.

Who needs to file CR-180?

The main group is a person (the petitioner) who was convicted in a California criminal case, or was granted deferred entry of judgment, and wants the court to dismiss the case or reduce eligible offenses. Which item you use depends on your sentence:

  • Probation granted (felony or misdemeanor): item 2.
  • Misdemeanor or infraction with a sentence other than probation: item 3.
  • Misdemeanor under Penal Code section 647(b): item 4, for a petitioner who completed probation and whose conviction resulted from status as a victim of human trafficking.
  • Felony county jail sentence under section 1170(h)(5) or felony state prison sentence: item 5.
  • Felony prison sentence that would have been eligible for county jail after 2011: item 6.
  • Deferred entry of judgment dismissed under former Penal Code section 1000.1000.3: item 7.

Items 2, 3, 5 and 6 each state that the petitioner is not serving a sentence for any offense and is not currently charged with committing any crime; items 2, 5 and 6 add that the petitioner is not on probation. Item 5 also requires that the petitioner not be on parole or under supervision under section 1170(h)(5)(B), and item 5c does not fit a conviction that requires sex offender registration.

The form is signed by the petitioner or an attorney. If the DOJ has already dismissed your conviction automatically, the petition may be unnecessary, though it may still be worth filing for felony reduction.

When to file CR-180

File the petition when you meet the conditions of the item that fits your sentence; the form prints no calendar deadline. Item 3 applies only after more than one year has passed since judgment was pronounced. Under item 5, more than one year must have passed since a county jail sentence with mandatory supervision (5a), or more than two years since a county jail sentence without it (5b) or a state prison sentence (5c). Item 6 requires more than two years since the felony prison sentence was completed.

Item 2 sets no waiting period: you check whether you fulfilled the conditions of probation for the entire period, were discharged early, or should be granted relief in the interests of justice. Item 7 applies after the charges were dismissed under former Penal Code section 1000.3, and you enter that dismissal date on the form.

If the DOJ may already have dismissed your conviction under section 1203.425, the form notes that you can request your Record of Arrest and Prosecution (RAP) sheet from the DOJ to check, though this is not required.

Documents you need

  • Attachment to Judicial Council Form (form MC-025), only if you need more space to list offenses in item 1 or to write your explanation.
  • Attached Declaration (form MC-031), optional, signed under penalty of perjury, if you need more space for your explanation of why relief is in the interests of justice.
  • A letter or other relevant documents explaining why dismissal is in the interests of justice; optional under items 2, 3, 5 and 6.
  • Evidence that the conviction resulted from your status as a victim of human trafficking, which item 4 asks you to provide (writing in the space, a letter or other documents).
  • A copy of your state summary criminal history information, under item 7b, only if you declare under penalty of perjury that charges were dismissed and check the box that you have attached it.

How to fill out CR-180

  1. Enter attorney or party information

    In the top block, enter the name, address, telephone, fax and email of the attorney or the party without an attorney, plus State Bar number and firm name if an attorney is filing. Add "Attorney for (name)" if applicable.

  2. Complete the court and case caption

    Write the county of the Superior Court of California, the court's street and mailing address, the case number and the defendant's name. Leave the date, time and department to the court.

  3. List the conviction in item 1

    Enter the conviction date, then for each offense the code section, the type of offense (felony, misdemeanor or infraction), and yes or no for eligibility for reduction under Penal Code section 17(b) and section 17(d)(2). Use form MC-025 if you need more space.

  4. Complete item 2 for probation cases

    If probation was granted, check all that apply: a (fulfilled probation conditions), b (discharged early) or c (relief in the interests of justice). Explain under c in the space or in an attachment.

  5. Complete item 3 if no probation

    For a misdemeanor or infraction without probation, more than one year after judgment, check one: a (honest and upright life) or b (interests of justice). Add your explanation if you check b.

  6. Complete item 4 for section 647(b)

    Use this item only for a section 647(b) conviction after completing probation. Describe or attach evidence that the conviction resulted from your status as a victim of human trafficking.

  7. Complete item 5 for felony sentences

    For a felony county jail or state prison sentence, check one of a, b or c to match your sentence and the time elapsed. Explain why relief is in the interests of justice.

  8. Complete item 6 if it applies

    Use item 6 for a felony prison sentence that would have been eligible for county jail after 2011 under section 1170(h)(5). Add your interests-of-justice explanation in the space or an attachment.

  9. Complete item 7 for deferred judgment

    Enter the date the charges were dismissed under former Penal Code section 1000.3, then check a (court records available) or b (declaration under penalty of perjury). Under b, check (1) has or (2) has not attached your state summary criminal history information.

  10. Confirm items 8 and 9

    Items 8 and 9 are printed requests: reduction of eligible felonies and misdemeanors, and withdrawal of the plea or setting aside of the verdict with dismissal. Read them to make sure they match what you want.

  11. Review, sign and download the PDF

    Type or print your name, date the form and sign as petitioner or attorney. Download or print the completed PDF from FillingPDF, attach any MC-025, MC-031 or evidence, and file it as described under How to submit.

How to submit CR-180

CR-180 is a petition addressed to the Superior Court of California in the county named in its caption, and the form prints no other filing channel, address or portal. Complete it with your case number and defendant name, sign it, and file it with the court that handled your case. The top-right box marked FOR COURT USE ONLY carries the date, time and department, which the court fills in.

What to include:

  • The signed petition, completed through page 3.
  • Any attachment you use for more space: Attachment to Judicial Council Form (form MC-025) or Attached Declaration (form MC-031).
  • Any letter or documents supporting a request for relief in the interests of justice, and, under item 4, evidence of human trafficking victim status.
  • Under item 7b, a copy of your state summary criminal history information if you choose to attach it.

The California Courts self-help page for this form, https://selfhelp.courts.ca.gov/jcc-form/CR-180, links to how-to instructions and form packets for cleaning a criminal record. The form states no fee; ask the court clerk for filing details. The PDF also reminds you to press the Clear This Form button after printing, for your privacy. FillingPDF lets you fill out and download the PDF; submission follows the court's channels, not this site.

Common mistakes to avoid

  • Filing while still serving a sentence, on probation or charged with a new crime; items 2, 3, 5 and 6 each state that the petitioner is not.
  • Checking more than one box where the form says "check one", such as items 3, 5 and 7.
  • Using item 5 or item 6 before the required one or two years have passed since completing the sentence.
  • Using item 5c for a conviction that required sex offender registration under Chapter 5.5 (starting with section 290) of Title 9 of Part 1 of the Penal Code.
  • Filing under item 4 without evidence that the section 647(b) conviction resulted from human trafficking victim status.
  • Leaving the offense table in item 1 incomplete, including the yes or no answers for reduction under sections 17(b) and 17(d)(2).
  • Skipping the petition because the DOJ may have dismissed the conviction automatically, when filing may still bring felony reduction under section 17(b).
  • Submitting the petition without the date and the signature of the petitioner or attorney.

Frequently asked questions

What is the CR-180 form used for?

CR-180 is the Judicial Council of California's Petition for Dismissal. You file it with the superior court to ask that a conviction or deferred entry of judgment be dismissed, and, where eligible, that felonies be reduced to misdemeanors or misdemeanors to infractions.

Do I need to file CR-180 if the DOJ already dismissed my conviction?

Maybe not. The form notes that the DOJ may have dismissed your conviction automatically under Penal Code section 1203.425, making the petition unnecessary. Filing may still help, for example for felony reduction under section 17(b). A RAP sheet request to the DOJ is an option but not required.

Which item of CR-180 should I complete?

It depends on your sentence. Item 2 covers probation, item 3 misdemeanors or infractions without probation, item 4 section 647(b), item 5 felony county jail or state prison, item 6 certain pre-2011 prison sentences, and item 7 deferred entry of judgment. Items 1, 8 and 9 apply to every petition.

Can I fill out CR-180 online?

Yes. You can fill out the CR-180 PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the petition; you file it with the superior court yourself.

Does CR-180 let me reduce a felony to a misdemeanor?

It can. Item 8 asks that eligible felony offenses be reduced to misdemeanors under Penal Code section 17(b), and eligible misdemeanors to infractions under section 17(d)(2). In item 1 you mark yes or no for each offense's eligibility.

What if I need more space on CR-180?

Attach form MC-025, Attachment to Judicial Council Form, to list more offenses or continue your writing. You can also use form MC-031, Attached Declaration, which is signed under penalty of perjury, for your interests-of-justice explanation.

Who signs CR-180?

The signature line reads "Signature of petitioner or attorney," so either the petitioner or an attorney signs, with the printed name and the date. The form gives no other signature rules.

Is there a Spanish version of CR-180?

Yes. The California Courts self-help page for CR-180 offers the form in Spanish as well as the English version, with how-to instructions for cleaning a criminal record.

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