Request Change of Plea

Infraction or Misdemeanor:

If were convicted of an infraction or misdemeanor and are still on probation. You may request early release from the Probation Department to file a petition to have conviction dismissed.

This is a two step process. First, request to be placed on calendar at the appropriate branch court for a probation modification/early termination. Second, after probation has been terminated, file a Petition for Dismissal (PC §§ 17(b), 1203.4, 1203.4a, 1203.41).

To file a Petition for Dismissal, two separate Judicial Council forms are required: CR180 and CR181. to the San Luis Obispo branch:

In order for the court to notify you of the outcome you must include the Consent to Electronic Service and Notice of Electronic Service Address or a self-addressed stamped envelope.

Felony:

A formal motion placing the matter on calendar is required on PC §§ 17(b), 1203.4, 1203.4a, and 1203.41 requests (please refer to the California and Local Rules of Court for specific rules regarding motions). Please submit any motion(s) at the San Luis Obispo Branch. All felony matters are heard at the San Luis Obispo location.

What is the process?

Request to Change a Plea

Paperwork to start the Change of Plea process may be obtained at the San Luis Obispo Probation Department or by an attorney. Once completed, it should be filed with the Court. The Court will then request a report be prepared by the San Luis Obispo Probation Department.
 
Click here to obtain a Request to Change a Plea
 

Is there a charge for this service?

There is a $75.00 processing fee for using this service.

When and where is this service offered?

Persons under probation supervision can start the application process for Change of Plea with the Probation Department or the San Luis Obispo Superior Court.