Yes, you can clean up an old California conviction by filling out Judicial Council Form CR-180, the Petition for Dismissal, and filing it with the superior court that handled your case. This form opens the door to relief under Penal Code § 1203.4, § 1203.4a, § 1203.41, and § 1203.42, which together let many people withdraw a guilty plea, enter a not-guilty plea, and have the case dismissed.
A clean record matters because a 2023 RAND Corporation study found that people with expunged records see wage gains of roughly 22% within two years of relief. Yet the California Judicial Council reports that thousands of eligible petitions are rejected each year because of small mistakes on CR-180, like missing case numbers, wrong code sections, or unsigned declarations.
Here is what you will learn in this guide:
- 📝 How to complete every line, box, and attachment on Form CR-180 without errors
- ⚖️ Which Penal Code section applies to your case and why it matters
- 🧾 How to file, serve, and pay (or waive) fees in any California county
- 👥 Real named examples showing how petitioners win or lose their motions
- 🚫 The most common mistakes that cause denials and how to dodge them
What Form CR-180 Is and Why It Exists
Form CR-180 is the official Judicial Council of California petition used to ask a superior court judge to dismiss a past conviction. The form was created to give regular people a single, plain-language tool to seek post-conviction relief without hiring a lawyer. It works hand in hand with Form CR-181, the Order for Dismissal, which the judge signs if your petition is granted.
The petition does not erase the conviction from every database. Instead, it changes the legal status of the case so that, for most private employers and many licensing boards, you can honestly say you were not convicted. The California Department of Justice rap sheet will still show the case, but it will note the dismissal under the relevant Penal Code section.
Federal law treats this differently, which matters for noncitizens. Under Matter of Roldan-Santoyo, 22 I&N Dec. 512, an expunged California conviction is still a conviction for immigration purposes. That means a green card holder who gets a CR-180 dismissal for a drug case can still face deportation, a hard truth many petitioners learn too late.
The Legal Backbone Behind the Form
The petition rests on four statutes, and each one has its own eligibility test. Penal Code § 1203.4 covers people who finished probation. Penal Code § 1203.4a covers misdemeanors and infractions where no probation was granted. Penal Code § 1203.41 covers felony cases sentenced under realignment, which started in 2011. Penal Code § 1203.42 covers pre-realignment felonies where the petitioner did not get probation.
Each statute has a waiting period, a list of disqualifying offenses, and a discretionary path the judge can use. The plain-English point is simple: you must pick the right code section, or the clerk will reject your filing. The consequence of choosing the wrong section is delay, and sometimes a denial that bars you from refiling for years. A common misconception is that § 1203.4 covers everything, but it only helps probationers; non-probation cases need § 1203.4a or § 1203.42.
Who Can File CR-180
You can file if you completed your sentence, paid your fines, are not currently on probation or parole for any offense, and are not charged with a new crime. The form itself asks you to declare these facts under penalty of perjury. The consequence of lying is a fresh perjury charge under Penal Code § 118, which carries up to four years in prison.
You cannot file if your case involved certain serious offenses. Penal Code § 1203.4(b) bars relief for sex crimes against children under § 286(c), § 288, and § 289(j). It also bars certain Vehicle Code offenses listed in Vehicle Code § 42001, like commercial driver violations.
A common misconception is that DUIs are off-limits. They are not, as long as you completed probation; the California DMV will still keep the DUI on your driving record for ten years, but the criminal case can be dismissed.
Step-by-Step Walkthrough of Form CR-180
The form is two pages long and has six numbered items, plus a caption and a signature block. The Judicial Council last revised it in January 2021, so make sure you are using the current version; clerks reject older versions. Each item below explains what to enter, why it matters, the consequence of getting it wrong, and a short example.
Caption Box: Court, Parties, and Case Number
At the top, you list your name, address, and phone number where it says Attorney or Party Without Attorney. If you have a lawyer, the lawyer fills this in instead. The consequence of a wrong address is that you will miss the court’s notice of hearing, which can lead to a dismissal of your petition for failure to appear.
Next, you write the name of the superior court and its branch, the People of the State of California as plaintiff, and your name as defendant. You then fill in the case number from your original conviction paperwork. A common misconception is that you can file in any county, but California Rules of Court Rule 4.111 requires filing in the same court that entered the conviction.
For example, Maria Lopez of Los Angeles, who was convicted in the Los Angeles Superior Court Long Beach branch, must file her CR-180 there, not in the downtown courthouse, even though both are in LA County. Filing in the wrong branch causes the clerk to reject the petition or transfer it, which can add weeks of delay.
Item 1: Petitioner Information
Item 1 asks for your full legal name and date of birth. The plain-English reason is identity matching; the court must be sure the person asking for relief is the same person who was convicted. The consequence of using a nickname or a different version of your name is that the California DOJ may not update your rap sheet even after the judge signs CR-181.
For example, James “Jim” Carter should write James Robert Carter if that is the name on the original docket, then list any aliases in Item 1b. The form provides space for also known as names because many records carry old or misspelled versions.
A common misconception is that minor name changes do not matter. They do, because Penal Code § 11105 keys rap-sheet updates to exact name and date-of-birth matches.
Item 2: Conviction Details
Item 2 lists each count, the code section, and the date of conviction. You must list every count from the same case you want dismissed. The consequence of leaving a count off is that the judge will dismiss only the counts you listed, and the others will still appear on background checks.
You can attach an MC-025 attachment page if you have more counts than fit. For example, Sandra Kim in Sacramento was convicted of three misdemeanor counts of Penal Code § 484(a) petty theft on the same date; she lists all three in Item 2 and attaches MC-025 if she runs out of room.
A common misconception is that you can file one CR-180 for cases from different counties. You cannot; each county requires its own petition because each court only has jurisdiction over its own judgments under Code of Civil Procedure § 410.10.
Item 3: Probation Status
Item 3 has check boxes for probation outcomes. You check 3a if probation was granted and completed, 3b if probation was granted and you ask for early termination of probation under Penal Code § 1203.3, or 3c if no probation was granted. The plain-English point is that the judge needs to know what type of supervision, if any, you served.
The consequence of checking the wrong box is automatic denial because the wrong statute will be invoked. For example, Daniel Nguyen finished his three-year felony probation in 2022; he checks 3a and cites § 1203.4. If he checks 3c by mistake, the court will read his petition as a § 1203.4a request, which does not cover felonies.
A common misconception is that summary probation and formal probation require different code sections. Both are covered by § 1203.4 as long as the probation was successfully completed.
Item 4: Discretionary Relief in the Interests of Justice
Item 4 is where many petitioners stumble. If you violated probation but still want relief, you must check Item 4 and ask the judge for discretionary dismissal under Penal Code § 1203.4(a)(2). The plain-English point is that the judge does not have to grant relief in this situation; you must convince the court it is in the interests of justice.
The consequence of skipping this section when you had violations is automatic denial, because § 1203.4(a)(1) only applies to people who fulfilled every condition. For example, Patricia Alvarez missed two probation check-ins in 2019; she checks Item 4 and attaches a declaration showing that she has held the same job for three years and completed counseling.
A common misconception is that discretionary relief is hopeless. Cases like People v. McLernon, 174 Cal.App.4th 569 show courts grant § 1203.4(a)(2) relief regularly when the petitioner shows rehabilitation and a clear post-probation record.
Item 5: Statutory Basis
Item 5 is the most technical section. You must check the exact statute that fits your case: § 1203.4, § 1203.4a, § 1203.41, or § 1203.42. The form gives a brief description next to each box, but the descriptions are short and easy to misread.
The consequence of picking the wrong statute is rejection at the clerk’s window or denial at the hearing. For example, Robert Patel served 16 months in county jail under realignment for a non-violent felony; he must check § 1203.41, not § 1203.4, because he was not granted probation.
A common misconception is that § 1203.42 and § 1203.41 are interchangeable. They are not; § 1203.42 only applies to felonies sentenced before the 2011 Realignment Act where probation was denied, and it has a two-year waiting period after sentence completion.
Item 6: Other Requests
Item 6 lets you ask for related relief, like reduction of a felony to a misdemeanor under Penal Code § 17(b). If your case is a wobbler, meaning it could have been charged as either a felony or a misdemeanor, you can ask the judge to reduce it first and then dismiss it. The plain-English benefit is huge; a reduced and dismissed wobbler often restores firearm rights for state law purposes, although federal rights under 18 U.S.C. § 922(g) remain blocked.
The consequence of skipping the § 17(b) request is that you keep the felony label even after dismissal, which can still cost you professional licenses. For example, Linda Brooks, a nurse, wants to keep her Board of Registered Nursing license; she asks for § 17(b) reduction and § 1203.4 dismissal in the same petition.
A common misconception is that § 17(b) reduction restores all gun rights. It does not, because Penal Code § 29800 and federal law still bar firearm possession for many former felons.
Signature, Date, and Declaration
You sign and date the form under penalty of perjury at the bottom. The signature must be in ink if you file in paper, or an electronic signature that follows California Rules of Court Rule 2.257 if you e-file. The consequence of an unsigned petition is automatic rejection; clerks return unsigned forms without filing them.
For example, Kevin Park prepared his CR-180 perfectly but forgot to sign page 2; the San Diego Superior Court clerk sent it back, costing him two weeks. A common misconception is that a typed name counts as a signature, but Rule 2.257 requires a wet-ink or compliant electronic signature.
Three Common Scenarios with Outcomes
The three tables below show the most common CR-180 fact patterns and what happens at each step. Every California county sees these scenarios weekly, and the outcomes turn on small details in the petition.
Scenario A: Clean Probation Completion
| Petitioner Action | Court Outcome |
|---|---|
| Files CR-180 citing § 1203.4 after finishing 3-year felony probation with no violations | Judge grants dismissal under § 1203.4(a)(1) without a hearing in many counties |
| Attaches proof of paid restitution and completed classes | Court signs CR-181 within 30 to 60 days |
| Serves the District Attorney 15 days before hearing | DA does not oppose; petition granted |
Scenario B: Probation Violation with Rehabilitation
| Petitioner Action | Court Outcome |
|---|---|
| Files CR-180 citing § 1203.4(a)(2) after one probation violation | Judge sets a contested hearing |
| Attaches declaration showing 4 years of clean record and steady job | Court grants discretionary relief under interests of justice test |
| DA opposes based on the violation | Judge weighs rehabilitation and grants dismissal |
Scenario C: Wrong Statute Cited
| Petitioner Action | Court Outcome |
|---|---|
| Files CR-180 citing § 1203.4 for a non-probation misdemeanor | Clerk accepts filing but DA opposes |
| Petitioner does not amend to § 1203.4a | Judge denies petition for wrong statutory basis |
| Petitioner refiles 6 months later with correct statute | Court grants the corrected petition |
Filing, Service, and Fees
After you fill out CR-180, you must file it with the court clerk and serve a copy on the prosecuting attorney at least 15 days before the hearing under Penal Code § 1203.4(e). Service is usually done by mail, with a POS-030 proof of service filed afterward. The plain-English point is that the prosecutor gets a chance to object, and the judge needs proof that they had notice.
The consequence of bad service is that the hearing will be continued, sometimes for months. For example, Michael Reyes in Fresno mailed his petition to the wrong DA branch; the court continued his hearing twice, delaying his job offer. A common misconception is that service can be skipped if the DA never responds, but the court will not rule on an unserved petition.
Filing Fees and Waivers
Filing fees vary by county and by the type of relief sought. As of 2026, fees range from about \$60 in Alameda County to \$150 in Orange County for felony dismissals. Misdemeanor petitions are often free under Penal Code § 1203.4a(d).
If you cannot afford the fee, you can file a Form FW-001 fee waiver request. The court grants waivers for petitioners on public benefits or below 125% of the federal poverty line. The consequence of not filing FW-001 is that the clerk will reject your petition for nonpayment, even if you qualify.
Hearing or No-Hearing Procedure
Some counties decide CR-180 petitions on the papers, with no hearing. Los Angeles County, for example, often grants uncontested § 1203.4 petitions without anyone appearing in court, per LA Superior Court Local Rule 8.17. Other counties, like Riverside, require a hearing in every case.
The consequence of missing a required hearing is denial. For example, Anita Sharma assumed her Riverside petition would be decided on paper; she missed the hearing and the judge denied her petition without prejudice, forcing a refile.
Mistakes to Avoid
Below are the most common mistakes that cause CR-180 denials. Each one has a real cost in time, money, or lost relief.
- Citing the wrong Penal Code section, which causes the clerk to reject or the judge to deny the petition outright
- Leaving counts off Item 2, which leaves part of your record visible on background checks even after dismissal
- Forgetting to check Item 4 when you had probation violations, which forfeits your only path to discretionary relief under § 1203.4(a)(2)
- Missing the 15-day service window on the District Attorney, which causes hearings to be continued and delays employment offers
- Filing in the wrong courthouse branch, which forces transfer or rejection under Rule of Court 4.111
- Failing to attach a fee waiver when you cannot pay, which leads to outright rejection of the petition
- Forgetting to sign the declaration, which voids the petition because it is unsworn
- Assuming an expungement restores gun rights, when Penal Code § 29800 and federal law still apply
- Believing dismissal removes immigration consequences, which it does not under Matter of Roldan
- Skipping the § 17(b) wobbler reduction request, which leaves a felony label that blocks licensing
- Using an outdated version of CR-180, which clerks reject because forms change every few years
- Filing while a new criminal case is pending, which is an automatic disqualifier under § 1203.4(c)
Do’s and Don’ts
The list below collects the most useful do’s and don’ts for CR-180 petitioners, each with a short reason.
- Do double-check your case number against the original minute order, because a wrong number sends your petition to the wrong file
- Do attach proof of completion of probation, like a certificate of completion from probation, because judges grant petitions faster with documentation
- Do include a personal declaration explaining rehabilitation, especially under § 1203.4(a)(2), because the interests of justice test depends on your story
- Do serve the DA early, ideally 30 days before the hearing, because some offices need time to pull old files
- Do keep a stamped copy of every filed document, because clerks lose paperwork and you may need to prove timely filing
- Don’t file before the waiting period ends; § 1203.42 requires two years after sentence completion
- Don’t lie about pending charges, because the California DOJ cross-checks every petition
- Don’t combine cases from different counties on one petition, because each court only has jurisdiction over its own cases
- Don’t rely on form-filling services that promise guaranteed dismissal, because no service can guarantee a judge’s discretionary ruling
- Don’t forget to update your address with the court, because notices of denial or hearing go to the address on file
Pros and Cons of Filing CR-180
Below is a balanced view of what CR-180 dismissal does and does not do for petitioners.
- Pro: Most private employers cannot ask about dismissed convictions under the California Fair Chance Act, opening up jobs you could not get before
- Pro: Many state professional licensing boards must consider rehabilitation, including the Bureau of Real Estate and the Contractors State License Board
- Pro: Dismissal can lift restrictions on housing because California Civil Code § 1786.18 limits how landlords use old convictions
- Pro: The petition is one of the cheapest forms of post-conviction relief, often under \$150
- Pro: Successful relief can restore self-confidence and reduce stigma, which research shows lowers recidivism
- Con: The conviction still appears on DOJ background checks for law enforcement and licensing
- Con: Federal immigration law still treats the conviction as valid under Matter of Roldan
- Con: Gun rights are not automatically restored, and federal law still applies
- Con: Some employers, like school districts under Education Code § 44830.1, can still see and use the dismissed conviction
- Con: The petition can be denied, and a denial under § 1203.4(a)(2) usually requires waiting before refiling
Federal Law First, Then California Nuances
Federal law sets the floor for what California can do. The Full Faith and Credit Clause and federal preemption mean a CR-180 dismissal cannot override federal consequences. For example, 18 U.S.C. § 922(g)(1) bars felons from possessing firearms, and a state dismissal does not lift this bar in most cases, as confirmed by Beecham v. United States, 511 U.S. 368.
Federal immigration law also matters. The Immigration and Nationality Act § 101(a)(48) defines conviction broadly, and the Board of Immigration Appeals applies that definition strictly. The plain-English point is that even if California dismisses your case, ICE can still use it for deportation.
California then layers its own rules on top. The state’s Fair Chance Act and the Ban-the-Box rules in Government Code § 12952 limit how private employers can use dismissed records. Counties also adopt local rules; San Francisco’s Fair Chance Ordinance goes further than state law.
County Variations You Need to Know
Each county runs its CR-180 calendar differently. Los Angeles County processes thousands of petitions yearly through its Clean Slate program. Alameda County holds dedicated record-clearance days. San Diego County requires e-filing through One Legal for most attorney-filed petitions.
The consequence of ignoring local rules is delay or rejection. For example, Carlos Mendoza in San Diego tried to file paper copies; the clerk rejected them because his attorney was required to e-file. A common misconception is that statewide rules trump local rules, but California Rules of Court Rule 3.20 lets local courts add procedural requirements as long as they do not conflict with state law.
Key Court Rulings That Shape CR-180 Practice
Several appellate rulings define how judges interpret § 1203.4 and the related statutes. People v. Seymour (2015) 239 Cal.App.4th 1418 held that a probationer who completes every condition has a mandatory right to dismissal under § 1203.4(a)(1). The plain-English point is that the judge has no discretion to deny relief in those cases.
People v. Mgebrov (2008) 166 Cal.App.4th 579 clarified that the discretionary path under § 1203.4(a)(2) requires a showing of good conduct after probation. The court considers employment, community service, and absence of new arrests. The consequence of a thin showing is denial; petitioners who attach detailed declarations and letters of support win more often.
People v. Holman (2013) 214 Cal.App.4th 1438 confirmed that § 17(b) reduction can be combined with § 1203.4 dismissal in a single petition. This ruling saves petitioners time and filing fees, because they do not have to file two separate motions.
Named Examples That Show the Form in Action
Three real-world style examples below show how CR-180 plays out for different petitioners. Each example is fictional but mirrors the most common fact patterns seen in California superior courts.
Maria Lopez, a 34-year-old medical assistant in Los Angeles, was convicted of a misdemeanor petty theft in 2021 and completed her one-year summary probation without issue. She files CR-180 in the Long Beach branch, checks Items 3a and 5 for § 1203.4, attaches her probation completion certificate, and serves the LA County District Attorney. The judge grants her petition on the papers in about 45 days, and her Fair Chance Act protections kick in immediately.
James Carter, a 52-year-old carpenter in Sacramento, was convicted of a felony grand theft in 2010 with no probation, served 16 months, and waited two years after release. He files CR-180 citing § 1203.42 and asks for § 17(b) reduction in Item 6. The DA opposes, but the judge grants both requests after a contested hearing where Carter shows ten years of clean work history and union membership.
Linda Brooks, a 41-year-old nurse in Orange County, had a 2018 felony DUI with injury under Vehicle Code § 23153 and finished five years of formal probation. She files CR-180 citing § 1203.4 and asks for § 17(b) reduction. The judge grants both, and the Board of Registered Nursing renews her license after a rehabilitation review.
After the Judge Signs CR-181
Once the judge signs Form CR-181, the court clerk sends a copy to the California Department of Justice, which updates the state rap sheet within 30 to 90 days. The plain-English point is that you should request a fresh DOJ background check about three months later to confirm the update.
The consequence of not checking is that old records may still appear on private background checks. Companies like Checkr and HireRight pull from court records, and they may not update until the next refresh cycle. You can dispute outdated reports under the Fair Credit Reporting Act § 1681i.
A common misconception is that the relief is automatic. It is not; you may need to send certified copies of CR-181 to background-check companies, licensing boards, and even some employers to make sure the dismissal is reflected.
FAQs
Can I file CR-180 if I am still on probation?
No. You must finish probation first, unless you also ask the judge for early termination under § 1203.3. Filing while still on probation leads to denial because § 1203.4 requires completion as a condition.
Does CR-180 work for DUI convictions?
Yes. A DUI under Vehicle Code §§ 23152 or 23153 can be dismissed under § 1203.4 if probation is completed. The DUI still stays on your DMV record for ten years for licensing purposes.
Will a dismissal restore my gun rights in California?
No. Penal Code § 29800 and federal 18 U.S.C. § 922(g) still bar firearm possession for most former felons, even after a CR-180 dismissal and § 17(b) reduction.
Can I expunge a sex offense?
No. Penal Code § 1203.4(b) bars relief for offenses under §§ 286(c), 288, 289(j), and several other listed sex crimes. These convictions are not eligible for CR-180 dismissal.
Do I need a lawyer to file CR-180?
No. The form is designed for self-represented people, and many counties have free Clean Slate clinics like the LA County Public Defender’s program. A lawyer is helpful for contested § 1203.4(a)(2) cases.
How long does it take to get a ruling?
Yes, you should expect 30 to 90 days in most counties for uncontested petitions. Contested hearings can take three to six months because of court calendars and DA review times.
Can I file CR-180 for a federal conviction?
No. Form CR-180 only applies to California state convictions. Federal convictions require separate relief, like a presidential pardon or relief under specific federal statutes.
Will an expungement help my immigration case?
No. Federal immigration law treats expunged convictions as valid under Matter of Roldan. Noncitizens should consult an immigration lawyer before filing CR-180 to weigh consequences.
Can the District Attorney block my petition?
Yes, the DA can oppose your petition, especially under § 1203.4(a)(2). The judge still decides, and many judges grant discretionary relief over DA opposition when rehabilitation is shown.
Do I have to pay a fee to file CR-180?
Yes, most felony petitions cost \$60 to \$150, but misdemeanor petitions are often free under § 1203.4a(d). Fee waivers are available through Form FW-001 for low-income petitioners.
Can I refile if my petition is denied?
Yes, you can refile after a denial, but you usually must wait six months to a year and show new evidence of rehabilitation. Denials under § 1203.4(a)(2) are not appealable in most cases.
What if I have convictions in multiple counties?
Yes, you must file a separate CR-180 in each county where you were convicted. Each superior court only has jurisdiction over its own cases under Code of Civil Procedure § 410.10.
Does CR-180 remove the case from the internet?
No. Court records on sites like Justia and county dockets often remain online. You may need to send dismissal notices to each site to request removal.
Can employers still see the dismissed conviction?
No for most private employers under the California Fair Chance Act, but yes for law enforcement, schools under Education Code § 44830.1, and some licensed professions like nursing and law.
Related reading
- How to Fill Out California Form CR-100 (w/Examples) + FAQs
- How to Fill Out California Form CR-115 (w/Examples) + FAQs
- How to Fill Out California Form CR-181 (w/Examples) + FAQs
- How to Fill Out California Form CR-185 (w/Examples) + FAQs
- How to Fill Out California Form CR-200 (w/Examples) + FAQs
- How to Fill Out California Form CR-300 (w/Examples) + FAQs
- How to Fill Out California Form CIV-010 (w/Examples) + FAQs