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How do I petition for dismissal?

If your conviction qualifies for mandatory dismissal, you only need to fill out the Petition (CR-180) and Order (CR-181) forms. However, if your conviction only qualifies for discretionary dismissal, you will need to include a few more documents in addition to your petition.

What is a 1203.4 petition for dismissal?

Section 1203.4 - Fulfillment of conditions of probation; change; dismissal of accusations or information (a) (1) When a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a

What does dismissal of petition mean?

Petitions or charges within a petition can be dismissed by a judge. A dismissal means further consideration or hearings regarding the petition or charge are terminated and no further formal action is taken. Dismissals can be either with prejudice (cannot be re-filed) or without prejudice (can be re-filed).

How do I file a motion for dismissal?

Steps to File a Motion to Dismiss Review the Complaint Thoroughly. Carefully read the plaintiffs complaint to identify any legal deficiencies. Research Relevant Laws and Precedents. Draft the Motion. Include a Conclusion. File the Motion with the Court.

Who files a request for dismissal?

Now, the California request for dismissal would be filled out by you if youre an attorney or even if youre an attorney, if youre a party without an attorney, you would just fill out and put your name at the top, just like we do with all of our Judicial Council forms.