Monterey — Petition For Dismissal

Source: https://www.monterey.courts.ca.gov/system/files/petition-dismissal.pdf

CR-180-INFO PETITION FOR DISMISSAL

THE LAW DOES NOT ALLOW PERSONNEL OF THE OFFICE OF THE CLERK OF THE
SUPERIOR COURT TO ASSIST IN THE SELECTION OR PREPARATION OF ANY FORMS
OR TO ADVISE YOU AS TO ANY PROCEDURE TO BE FOLLOWED IN OBTAINING A
JUDGMENT

Attached is information on options for resolving disputes without going to trial.

Form # Title Number of Copies

CR-180-INFO Petition for Dismissal – Information and Instruction Sheet 1
CR-180 Petition for Dismissal 1

CR-181 Order for Dismissal 1

SCR-182 Financial Declaration – Confidential 1

SCR-182S Financial Declaration – Confidential Spanish 1
SCR-181 Proof of Service – Petition for Relief 1

ALL FORMS MUST BE TYPED OR LEGIBLY PRINTED IN BLACK INK AND SIGNED.

Complete all forms in their entirety, i.e., all boxes checked as applicable; attachments attached,
if applicable; and “NONE”, “NOT APPLICABLE”, or “UNKNOWN” typed in if required.

Form Approved for Mandatory Use PETITION FOR DISMISSAL Monterey County Superior Court CR-180-INFO [Rev. July, 2015] (CRIMINAL) Page 1 of 2

CR-180-INFO SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY Petition for Dismissal Information and Instruction Sheet Penal Code § 1203.4 or 1203.4a

Information – Felony/Misdemeanor: If you were convicted of a misdemeanor or a felony and were not sentenced to state prison and you have completed the terms of your sentence, you may petition for a dismissal pursuant to PC § 1203.4 or 1203.4a. Many criminal offenses can be dismissed from your record. Certain convictions are not eligible for dismissal: Any misdemeanor that is within the provisions of VC 42001(b);or a ny violation of the following: PC 286(c); PC 288; PC 288a(c); PC 288.5; PC 289(j) (PC § 1203.4(b) and (c)). The court charges a nonrefundable processing fee for all petitions filed, whether or not the petition is granted (PC § 1203.4(d) and 1203.4a(c)). Penal Code § 1203.4 – Successful Completion of Probation After successful completion or early termination of probation, you may petition the court to dismiss the charges under Penal Code §1203.4. To be eligible for consideration pursuant to PC § 1203.4, you must not be serving a sentence for any offense, be on probation or any offense, or be charged with the commission of any offense. (You may petition the court for an early termination of pro bation by filing a Petition for Modification of Sentence. The judge, in the interest of justice, may grant an early termination of probation). Penal Code § 1203.4a - Not Placed on Probation If you were not placed on probation and more than one year has elapsed since the date of pronouncement of judgment and you di d not serve a prison term, you may petition the court to dismiss the charges under Penal Code §1203.4a. To be eligible for consideration pursuant to PC §1203.4a, you must have complied with the court sentence and you must not now be serving a sentence for any of fense or be charged with the commission of any offense. Some of the Continuing Liabilities After the Petition Is Granted • Disclosure – Granting of the Petition does not relieve you from the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery but allows you to indicate “no” on most employment applications that ask whether you have been convicted of a crime. • DMV – Granting of the Petition does not affect Department of Motor Vehicles (DMV) actions or future consequences for crimes involving operation of a motor vehicle. • Firearms – Granting of the Petition does not permit you to own, possess, or have in your custody or control any firearm. • Sex Registration - Granting of the Petition does not relieve you from any obligation to register under Penal Code §290. • Sealing – Granting of the Petition does not seal your record, destroy or remove any entries from the court, law enforcement, Department of Justice or DMV. The case, including the conviction will remain public record. Processing Fee*: The court may charge a non-refundable, administrative processing fee of $150.00 for petitions filed pursuant to Penal Code § 1203.4(a) (probation completed) and $60.00 for petitions filed pursuant to Penal Code § 1203.4a (not placed on probation). *If you do not have the ability to pay the fee, you must file an SCR-182 Financial Declaration with the CR-180 Petition for Dismissal and the Court will make a determination of your ability to reimburse all or a portion of the cost. Such order will have the same force and effect as a judgment in a civil action and will be subject to execution.

Upon Granting the Petition, the Court Will Order That: • The conviction be set aside; • A plea of not guilty be entered; and • The case be dismissed pursuant to the applicable Penal Code § (§1203.4 or §1203.4a). This INFORMATION is for general use and is not intended as a complete statement of the laws and rules relating to relief granted under Penal Code §1203.4 and 1203.4a. For further information, you may refer to Penal Code §1203.4 and §1203.4a or you may wish to seek legal assistance. Instructions: Step 1: Complete the CR-180 Petition for Dismissal and the SCR-181 Proof of Service form. (Incomplete forms will not be processed and will be returned for correction.) You will need the original and two copies: (1) Original - Court; (1) Copy - District/City Attorney; (1) Copy – your file. Step 2: Serve a Completed Copy of the Petition for Dismissal and Proof of Service form to the District /City Attorney. You may not serve the papers, so find a friend, acquaintance or a professional process server (look in the yellow pages under “process servers”) to serve the papers for you. Step 3: File with the Clerk’s Office the Original Petition for Dismissal and Proof of Service forms. (Refer to Step 2.) Step 4: Pay a non-refundable processing fee of $150.00 for a Petition filed pursuant to Penal Code §1203.4 (probation completed) or $60.00 for a Petition filed pursuant to Penal Code §1203.4a (not placed on probation.)

Form Approved for Mandatory Use PETITION FOR DISMISSAL Monterey County Superior Court CR-180-INFO [Rev. July, 2015] (CRIMINAL) Page 2 of 2

CR-180

ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.: FOR COURT USE ONLY

NAME:

FIRM NAME:

STREET ADDRESS:

CITY: STATE: ZIP CODE:

TELEPHONE NO.: FAX NO.:

E-MAIL ADDRESS:

ATTORNEY FOR (name):

PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: DATE OF BIRTH: CASE NUMBER:

PETITION FOR DISMISSAL FOR COURT USE ONLY

(Pen. Code, §§ 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.41, 1203.42, 1203.43, 1203.49) DATE: TIME:

DEPARTMENT:

1. On (date): , 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, Eligible for reduction to Eligible for reduction to
   misdemeanor, or infraction): misdemeanor under Penal infraction under Penal
   Code, § 17(b) (yes or no) Code, § 17(d)(2) (yes or no)

   If additional space is needed for listing offenses, use Attachment to Judicial Council Form (form MC-025).

2. Felony or misdemeanor with probation granted (Pen. Code, § 1203.4)
   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)
   a. has fulfilled the conditions of probation for the entire period thereof.
   b. has been discharged from probation prior to the termination of the period thereof.
   c. 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 b y 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 PETITION FOR DISMISSAL Penal Code,1203.41,§§ 17(b),1203.42,17(d)(2),1203.43,1203.4,and 1203.4a,1203.49Judicial Council of California CR-180 [Rev. January 1, 2019] www.courts.ca.gov

CR-180 PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER:

3. Misdemeanor or infraction with sentence other than probation (Pen. Code, § 1203.4a)
   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. has lived an honest and upright life since pronouncement of judgment and conformed to and obeyed the laws of
   the land; or
   b. 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.)

4. Misdemeanor conviction under Penal Code section 647(b) (Pen. Code, § 1203.49) 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.)

5. Felony county jail sentence under Penal Code section 1170(h)(5) (Pen. Code, § 1203.41)
   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)

   a. more than one year has elapsed since petitioner completed the felon y county jail sentence with a period of
   mandatory supervision imposed under Penal Code section 1170(h)(5)(B); or
   b. 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).
   (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.)

CR-180 [Rev. January 1, 2019] PETITION FOR DISMISSAL Page 2 of 3

CR-180 PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER:

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.)

7. 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),

   a. court records are available showing the case resolution; or

   b. 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)
   (1) has
   (2) has not
   attached a copy of his or her state summary criminal history information.

8. 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).

9. 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.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: (SIGNATURE OF PETITIONER OR ATTORNEY)

(ADDRESS OF PETITIONER) (CITY) (STATE) (ZIP CODE)

CR-180 [Rev. January 1, 2019] PETITION FOR DISMISSAL Page 3 of 3

ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NUMBER: FOR COURT USE ONLY

NAME:

FIRM NAME:

STREET ADDRESS:

CITY: STATE: ZIP CODE:

TELEPHONE NO.: FAX NO.:

E-MAIL ADDRESS:

ATTORNEY FOR (name):

PEOPLE OF THE STATE OF CALIFORNIA v.

DEFENDANT: DATE OF BIRTH:

ORDER FOR DISMISSAL CASE NUMBER:

(Pen. Code, §§ 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.41, 1203.42, 1203.43, 1203.49)

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:

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 a. ALL FELONY CONVICTIONS in the above-entitled action. b. ALL MISDEMEANOR CONVICTIONS in the above-entitled action. c. 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 a. ALL FELONY CONVICTIONS in the above-entitled action. b. ALL MISDEMEANOR CONVICTIONS in the above-entitled action. c. only the following convictions in the above-entitled action (specify charges and date of conviction):

3. The court GRANTS the petition for dismissal regarding the following convictions under Penal Code (check all that apply) § 1203.4 § 1203.4a § 1203.41 § 1203.42 § 1203.43 § 1203.49

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)

a. ALL CONVICTIONS OR PLEAS FOR DEFERRED ENTRY OF JUDGMENT in the above-entitled action.
b. 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):

Form Approved for Optional Use ORDER FOR Penal Code,1203.41,§§ 17(b),1203.42,17(d)(2),1203.43,1203.4,and1203.4a,1203.49Judicial Council of California CR-181 [Rev. January 1, 2019] DISMISSAL www.courts.ca.gov

PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER:

4. The court DENIES the petition for dismissal under Penal Code (check all that apply) § 1203.4 § 1203.4a § 1203.41 § 1203.42 § 1203.43 § 1203.49 for (check one)

   a. ALL CONVICTIONS OR PLEAS FOR DEFERRED ENTRY OF JUDGMENT in the above-entitled action. b. 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):

5. In granting this order under the provisions of Penal Code section 1203.49, the court finds that the petitioner was a victim o f human trafficking when he or she committed the crime. The court orders (check one)

   a. the relief described in section 1203.4.

   b. the relief described in section 1203.4, with the following exceptions (specify):

6. 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.

7. If this order is granted under the provisions of Penal Code section 1203.4, 1203.41, or 1203.42, a. the petitioner is required to disclose the above conviction in response to any direct question contai ned in any questionnaire or application for public office, or for licensure by any state or local agency, or for contracting with the California State Lo ttery Commission; and b. 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.)

8. If the order is granted under the provisions of Penal Code section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.49, the petitio ner 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 con trol 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), FOR COURT USE ONLY 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).

10. 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.

Date: (JUDICIAL OFFICER)

CR-181 [Rev. January 1, 2019] ORDER FOR DISMISSAL Page 2 of 2

SCR-182 ATTORNEY OR PARTY WITHOUT ATTORNEY

NAME: STATE BAR NO:

FIRM NAME:

ADDRESS:

CITY: STATE: ZIP CODE:

TELEPHONE NO: FAX NO. (OPTIONAL):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY Salinas Division — 240 Church Street, Salinas, California 93901

THE PEOPLE OF THE STATE OF CALIFORNIA CASE NUMBER: VS. DEFENDANT/RESPONDENT: FINANCIAL DECLARATION - CONFIDENTIAL PETITION FEE $: Petition for Dismissal PC 1203.4 – Probation completed Petition for Dismissal PC 1203.4a – Not placed on probation

1. Defendant’s Name: Other Names: Address: Date of Birth: Home Phone: Driver’s License Number: Social Security Number: Married: ( YES NO) Spouse Name:

2. Defendant’s Present Employer: Employer’s Address: Gross pay per month: $ Spouse’s Gross pay per month: $

3. Family Bank Accounts: Amount(s): $ Available Cash: $ Spouse’s Cash Assets: $

4. Own Real Estate ( YES NO) Address: Value(s): $ Autos (Year, Make, Model)

5. Dependents: Name Address Relationship Age

6. COMPLETE EACH LINE -This Financial Declaration will be used to determine your ability to pay a portion or all of fees. The Court will order you to pay all or part of such fees it determines you are able to pay. Such an order will have the same force and effect as a judgment in a civil action and will be subject to execution.

7. I declare under penalty of perjury that the foregoing is true and correct and I understand the notice contained in item 6 above and that this declaration was executed on: Date at (County) , California

   Defendant’s Signature

FOR COURT USE ONLY: ORDER: Request for waiver of fees: Granted Denied Partial amount ordered Set for hearing on The defendant is ordered to pay fees in the amount of $ by (Indicate total or partial amount)

Date: Judge of the Superior Court Form Approved for Optional Use FINANCIAL DECLARATION - CONFIDENTIAL Monterey County Superior Court SCR-182 Rev. April, 2014 (CRIMINAL)

SCR-182S ABOGADO: Para uso de la Corte Solamente

NOMBRE: ABOGADOS DEL ESTADO NO:

EMPRESA:

DIRECCIÓN:

CIUDAD: ESTADO: CÓDIGOCÓDIGO POSTAL:

TELÉFONO NO: FAX NO. (OPCIONAL):

CORTE SUPERIOR DE CALIFORNIA, CONDADO DE MONTEREY Salinas División — 240 Church Street, Salinas, California 93901

EL PUEBLO DEL ESTADO DE CALIFORNIA NÚMERO DEL CASO: VS. ACUSADO/DEMANDADO: DECLARACIÓN FINANCIERA - CONFIDENCIAL COSTO DE LA PETICIÓN: Petición de Desestimación PC 1203.4 – Libertad Condicional Completa Petición de Desestimación PC 1203.4a – No fue puesto en Libertad Condicional

1. Nombre del Demandado: Otros Nombres: Domicilio: Fecha de Nacimiento: Teléfono No.: Licencia de Conducir: Seguro Social No.: Casado: ( Sí No) Nombre del Cónyuge:

2. Empleador actual del demandado: Dirección del Empleador: Sueldo Bruto al Mes: $ Sueldo Bruto del Cónyuge al Mes: $

3. Cuentas Bancarias de la Familia: cantidad(es): $ Efectivo disponible: $ Efectivo Activos del Cónyuge: $

4. Poseer Bienes Raíces ( Sí No) Dirección: Dirección: Valor(es): $ Autos (Año, Marca, Modelo)

5. Dependientes: Nombre Dirección Relación Edad

6. COMPLETE CADA LINEA – Esta Declaracíon Financiera será usada para determinar su habilidad para pagar el costo parcial o total. La Corte determinará si usted es capaz de pagar los gastos y le ordenará pagar una parte o el total de los gastos. Esa orden tendra la misma fuerza y efecto que un fallo civil y quedará sujeto a su ejecución.

7. Declaro bajo pena de perjurio que lo antedicho es verdadero y correcto y que entiendo el aviso contenido en el número 6 y que ésta declaración fue ejecutada: Fecha at (Condado) , California

   Firma del Demandado

PARA USO DE LA CORTE SOLAMENTE: ORDEN: Solicitud para suspensión de costos: Concedido Denegado Cantidad Parcial Ordenó Programado audiencia Se ordena al demandado pagar costos en la cantidad de $ Antes de (Indique la cantidad total o parcial) Fecha: Juez de la Corte Superior Form Approved for Optional Use DECLARACIÓN FINANCIERA - CONFIDENCIAL Monterey County Superior Court SCR-182S Rev. April, 2014 (CRIMINAL)

SCR-181 ATTORNEY OR PARTY WITHOUT ATTORNEY

NAME: STATE BAR NO:

FIRM NAME:

ADDRESS:

CITY: STATE: ZIP CODE:

TELEPHONE NO: FAX NO. (OPTIONAL):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY Salinas Division — 240 Church Street, Salinas, California 93901

THE PEOPLE OF THE STATE OF CALIFORNIA VS. DEFENDANT/RESPONDENT: PROOF OF SERVICE - PETITION FOR RELIEF PURSUANT PC1203.4, PC1203.4A CASE NUMBER: Personal Service Service By Mail

Directions: A copy of the Petition for Dismissal must be served upon the District Attorney or City Attorney who prosecuted your case. Mail or serve a complete copy of each page of the Petition for Dismissal with the Proof of Service to the District Attorney or City Attorney who prosecuted the case. When the petition has been served, the original may then be filed with the court.

1. Person serving. I am over the age of 18 and not a party to this action.

Name: Address: Telephone:

2. I served a copy of the Petition for Relief under Penal Code §1203.4/1203.4a as follows (check either a or b below):

a. Personal Service: I personally delivered the Petition for Relief under Penal Code §1203.4/1203.4a to

the person at the address listed below:

(1) Name of person served:
(2) Address where served:
(3) Date served:
(4) Time served:

b. Service by Mail: I deposited the Petition for Relief under Penal Code §1203.4/12034a in the United

States mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows:

(1) Name of person served: (2) Address: (3) Date of Mailing: (4) Place of Mailing (city and state):

3. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on:

Date at (County) , California

Declarant’s Signature

Form Approved for Optional Use PROOF OF SERVICE - PETITION FOR RELIEF Monterey County Superior Court SCR-181 Rev. April, 2014 PURSUANT PC1203.4, PC1203.4A (CRIMINAL)