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CR-106-INFO Information on How to File a Proof of Service in Criminal
Record Clearing Requests
1 What does this information sheet cover?
This information sheet tells you how to use and fill out
Proof of Service Criminal Record Clearing form
CR-106. This information sheet does not need to be copied,
served (delivered), or filed.
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5
Why do I need to file a proof of service?
Filing a proof of service shows the court that you have let
the other parties know about the record clearing request by
giving them a copy of the document or form you are using
to make a record clearing request to the court.
6
When can I use Proof of Service
Criminal Record Clearing (form CR-106)?
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Proof of Service Criminal Record Clearing (form
CR-106) is intended to be widely used with any record
clearing request that requires notification or service of the
request to the prosecuting agency and other parties, such as
the following optional Judicial Council forms for record
clearing:
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Petition for Dismissal (form CR-180),
dismissals under Penal Code sections 1203.4,
1203.4a, 1203.41, 1203.42, 1203.43, and
1203.49, and reductions under Penal Code
sections 17(b) and 17(d)(2)
Petition for Dismissal (Military Personnel)
(form CR-183), dismissals under Penal Code
section 1170.9(h), and reductions under Penal
Code section 17(b)
Motion to Vacate Conviction or Sentence
(form CR-187), vacating convictions under
Penal Code sections 1016.5 and 1473.7
Petition/Application (Health and Safety Code,
§ 11361.8) (form CR-400), relief under
Proposition 64 for specified marijuana-related
convictions
l Petition/Application for Resentencing and
Dismissal (form CR-404), resentencing and
dismissal under Penal Code section 1170.22
Petition to Seal Arrest and Related Records
(form CR-409), sealing under Penal Code
section 851.91
Petition for Resentencing Based on Health
Conditions From Military Service Listed in
Penal Code Section 1170.91(b) (form CR-412/
MIL-412)
Petition for Writ of Habeas Corpus (form
HC-001)
2
What is proof of service?
A “proof of service” is a form used in legal cases.
If you want a judge to look at your case, you or
someone who is helping you has to file certain
documents in court.
You also have to give or mail copies of those
documents to the other party in the case, usually
the prosecutor.
The proof of service has spaces for you or
someone who is helping you to write in when,
where, and how the other party got the documents.
Once the proof of service is filled out and filed
with the court, it shows the court that the other
party got the documents.
3
What is record clearing?
Record clearing is a process that allows you to ask
a court to improve your criminal record.
For example, a court may be able to change some
convictions from felonies to misdemeanors.
You can start the process of record clearing by
filing certain documents or forms called
“applications,” “petitions,” or “motions.”
4
Who do I need to serve when I ask a
court to clear my criminal record?
Most record clearing laws say you have to let the
prosecuting agency (usually the district attorney) know
about the record clearing request. Sometimes you also have
to let law enforcement (like the police or sheriff) or other
parties know about your request. You can do so by
“serving” (delivering) a copy of the papers you filed with
the court on the prosecuting agency or other parties. Read
the record clearing law you are basing your request on
carefully to see who needs to know about your record
clearing request. Those are the parties who must be served.
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Judicial Council of California, www.courts.ca.gov
New January 1, 2020, Optional Form
Information on How to File a Proof of Service in
Criminal Record Clearing Requests
CR-106-INFO, Page 1 of 2
CR-106-INFO Information on How to File a Proof of Service in Criminal
Record Clearing Requests
7 Who can serve the petition or motion?
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In most cases, the law allows you (the person
who is filing the record clearing request) to serve
the document or form.
You can also ask someone else to serve the
document or form.
The person who serves a document or form for
record clearing and fills out the Proof of Service
Criminal Record Clearing (form CR-106) must
be at least 18 years old.
Read the record clearing law you are basing
your request on carefully to see if it sets any
other requirements for who can serve the
request.
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8 When are the other parties served, and
when do I file a proof of service?
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Ask the court clerk if any local filing rules
apply.
In most cases, the other parties should be served
after the original document or form is filed with
the court. That way, the court may add helpful
information to the document or form, such as a
hearing date.
Some courts require that the document or form is
first served on the other parties, and then the
original document or form is filed with the court,
along with a completed and signed proof of service.
When you file the document or form with the court,
take the original plus at least two copies of your
documents.
The court will keep the original.
The clerk will stamp your copies “Filed” and
return them to you. Keep one copy for your
records.
The other parties can be served with a copy of
your court-stamped document or form, and then
you should file the proof of service with the
court after the parties are served.
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9
How should the petition or motion be
served?
There are three main ways to serve documents: by mail,
personal delivery, or electronic service. Proof of
Service Criminal Record Clearing (form CR-106) can be
used to prove service by mail or personal delivery.
If serving electronically:
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Do not use Proof of Service Criminal Record
Clearing (form CR-106).
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Carefully read and follow the requirements in
California Rules of Court, rule 2.251, and use
Proof of Electronic Service (form POS-050/
EFS-050).
If someone else is serving documents on your behalf, make
sure to provide them with the name of the agency that
must be served (for example, San Francisco County
’
District Attorney), the agency s address, and a copy of the
document or form.
If serving by mail:
The server should put one copy of the document
or form in an envelope addressed to the agency,
seal the envelope, and place first-class postage on
the envelope; and
The server should mail the document or form by
depositing the envelope at a post office or
mailbox or by depositing the envelope at an
office or business mail drop where the server
knows mail is picked up every day by the postal
service.
If serving by personal delivery:
The server should give the document or form to a
person with the agency and note the name of the
person, as well as the address, date, and time of
the service.
Once the document or form has been served on the other
parties by mail or personal delivery, the server should fill
out and sign the proof of service form.
10 What do I do with Proof of Service
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Criminal Record Clearing (form CR-106)
once it is filled out?
You should file a completed proof of service with the court
where you filed your document or form. Ask the court
clerk if any local filing rules apply.
New January 1, 2020
Information on How to File a Proof of Service in
Criminal Record Clearing Requests
CR-106-INFO, Page 2 of 2
