Start with the conviction’s case number and sentencing record, then prepare the petition and proof that the required offices received it. Tulare Superior Court’s current instructions call for form CR-180, a proposed order on CR-181, and the court’s acknowledgment-of-receipt form. Serve the Tulare County District Attorney before filing; for a felony conviction, the court also directs service on Tulare County Probation. File the completed acknowledgment with the petition and proposed order. The clerk then sets a hearing. A filed petition is a request for relief, not an order dismissing the conviction.
Check the conviction before preparing forms
Use the minute order or other court record to confirm the case number, conviction, sentence and probation history. Those facts help determine whether Penal Code section 1203.4 is the right request. The statute covers qualifying relief after probation, including some cases in which the court has discretion in the interest of justice. It also restricts relief if the person is now serving a sentence, on probation, or charged with another offense, and excludes specified offenses. Another dismissal provision may apply to a different sentencing history; the local filing instructions do not decide eligibility.
If a record is missing, obtain the conviction and probation orders from the court where the case was heard before choosing the box or ground on CR-180. Keep the exact charging and disposition documents for counsel to compare with the statute. A drug or theft charge label alone does not answer whether this particular conviction qualifies.
Serve first, then file the acknowledgment
The court’s process page lists three documents: the completed CR-180 petition, a blank proposed CR-181 order for the judge, and its acknowledgment of receipt. It directs the petitioner to provide the petition to the District Attorney and get the acknowledgment signed. A felony petition adds the Probation Office as a recipient. Confirm the current service locations and how each office accepts the papers on the court page before delivering them; office details can change.
After service, file the petition, proposed order and completed acknowledgment with a Tulare Superior Court criminal clerk as directed by the court. Keep copies of the submitted papers and signed acknowledgment. The clerk will send notice of the hearing date. Check that notice and the court’s docket rather than assuming filing ends the process.
Prepare for the court’s decision and read the order
Bring the case and probation records and copies of what was served and filed. If a required term or eligibility point is disputed, counsel can identify the records that address it. Attend the scheduled hearing unless the court gives a different instruction in your case. The judge, not the clerk’s acceptance of a form, decides whether to grant relief. (Tulare Superior Court petition instructions)
If the judge signs CR-181, retain a copy and check the exact case and conviction covered. Section 1203.4 permits the qualifying conviction to be set aside and the accusation dismissed, but it does not restore firearm rights or end the statute’s specified disclosure duties for public office or state or local licensing applications. It also does not mean every agency’s historical record disappears. (Penal Code § 1203.4)
For help checking the correct relief and preparing a Tulare County filing, contact the Law Offices of David S. Chesley at (800) 755-5174. Our Visalia criminal defense page provides related local service information.