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Post Conviction Worksheet

Adult Post Conviction Worksheet – Updated November 8, 2021

 

  1. Were all charges dismissed, but not pursuant to 1203.____?
    • Yes – Petition to Seal – CR-409, CR-410
    • No – Keep going.

 

  1. Is the conviction in the name of the wrong person?
    • Yes – Petition for Certificate of Identity Theft – CR-150, CR-151
    • No – Keep going.

 

  1. Was the person convicted of one of these marijuana offenses?
    1. Health and Safety §11357 – Possession of Marijuana
    2. Health and Safety §11358 – Cultivation of Marijuana
    3. Health and Safety §11359 – Possession of Marijuana for Sale
    4. Health and Safety §11360 – Transportation or Distribution of Marijuana
    5. Health and Safety §11362.1 – Personal Use of Marijuana
      • Yes – Petition to Dismiss – CR-400, CR-401, CR-403
      • No – Keep going.

 

  1. Was the person convicted of a felony violation of one of these offenses?
    1. Health and Safety §11350 (Under the Influence)
    2. Health and Safety §11357 (Possession Concentrated Cannabis)
    3. Health and Safety §11377 (Drug Possession)
    4. An offense that is now classified as shoplifting. Shoplifting is “entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950).”  Commercial burglary is the most common offense that is now shoplifting – Penal Code 460(b).  Basically, ask the person the facts of the case if it appears that it may qualify.
    5. Penal Code §473 (Forgery) if the amount in question is less than $950.
    6. Penal Code §476a (Check Fraud) if the amount in question is less than $950.
    7. An offense that is now classified as Petty Theft. In most cases, this would be a Grand Theft conviction (Penal Code §487) with a value less than $950.
    8. Penal Code §496 (Receiving Stolen Property) if the amount in question is less than $950.
    9. Penal Code §666 (Petty Theft with a Prior Theft Conviction)
      • Yes – Proposition 47 Petition unless the person is a registered sex offender or has a past “super strike” conviction – Local Forms, then skip to #7 to see if the case can be expunged. In Kern County the forms are 500 and 502
      • No – Keep going

 

  1. Did the person attend Fire Camp as a firefighter?
    • Yes – Petition to reduce and dismiss under AB 2147 – CR-430, CR-431, and CR-432 (note: these forms may not yet be available because the law is so new.)
    • No – Keep going

 

  1. Did the person go to prison?
    • Yes – The case record must be reviewed to see if there are any other laws that might help.
    • No – Keep going

 

  1. Does the person have any pending cases?
    • Yes – The person must consult with their existing attorney or a new attorney.
    • No – Keep going

 

  1. Was the conviction caused by Defendant’s military service? (this is usually domestic violence or drug cases)
    • Yes – Petition to dismiss and seal – CR-183, CR-184
    • No – Keep going.

 

  1. Is the person on Probation?
    • Yes – Motion to terminate probation.
    • No – Keep going

 

  1. Is the person on Parole?
    • Yes – The person must consult with their existing attorney or a new attorney.
    • No – Petition to Dismiss (commonly called Expungement) – CR-180 and CR-181