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CR-188 Order on Motion to Vacate Conviction or Sentence Judicial Council forms

CR-188 Order on Motion to Vacate Conviction or Sentence Judicial Council forms 2025

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The document CR-188 is a legal form used in the Superior Court of California for motions to vacate a conviction or sentence under various Penal Code sections. It outlines the procedures and options available to the court regarding requests for appointment of counsel, relief under Penal Code section 1016.5, and multiple provisions under Penal Code section 1473.7. The form includes sections for the court to grant or deny requests based on factors such as indigency, timeliness, undue delay, and evidence of actual innocence, as well as considerations related to racial bias in sentencing.

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How do you request to set aside a default in California?

To ask the judge to set aside a default judgment or an order for support, you will need to fill out and file forms with the court. Youll need to explain why the judge should set aside the support judgment or order under Family Code section 3691.

What is conviction relief in California?

Post-conviction relief refers to the legal process of seeking to reverse or modify a criminal conviction through a petition filed after the trial has ended. This can include appealing the conviction or sentence, seeking a new trial, seeking to expunge a criminal arrest or conviction, and more.

How do you petition the court to expunge the conviction in California?

You must complete an expungement/dismissal petition. Most courts use the CR-180 CR-181 state forms, but a few courts encourage use of their own forms. Although all courts are supposed to accept the CR-180 and CR-181, it is helpful to check the courts website or call to find out all of the forms the court requires.

How do you set aside a conviction in California?

In California, expungement (legally called dismissal) is a way to set aside a criminal conviction and reduce its impact. Expungement can help when applying for jobs, housing, and occupational licenses. Does an expungement erase a conviction? No, but it limits who can see your record.

How do you motion to set aside a conviction in California?

To kick off the process of setting aside your conviction, you have to file a timely motion with the court where your sentencing took place, which has to spell out a valid reason for your move to vacate. California law outlines several Penal Codes under which you may bring the motion to set aside a sentence, each of

How to vacate a judgment in California?

How to ask to cancel the judges decision Fill out the Notice. Fill out a Notice of Motion to Vacate Judgment and Declaration (form SC-135) Make copies. Make 2 copies of the Notice. File the Notice and pay the filing fee. Give the original and the 2 copies to the court clerk. Go to your new court date.

CR-188 Order on Motion to Vacate Conviction or Sentence Judicial Council forms 2025

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