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Form CR-187, Motion to Vacate Conviction or Sentence, page 1
Moderate · 49/100Form Complexity Index

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What this form asks for

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Form CR-187 is a legal document used in California for a person to petition the court to cancel (vacate) a prior criminal conviction or sentence. It is essential for individuals who are no longer in custody but are facing consequences, such as immigration issues, due to a conviction they believe was legally invalid, resulted from prejudicial error, or where new evidence of innocence has emerged. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
Fillable fields102
Pages6
Form Complexity IndexModerate, 49/100

The AI checks your answers before you download

14 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

Case Number Consistency

Ensures the case number entered in the main header ('CaseNumber_ft') is present and matches the case number entered in the body of the form (item 1, 'MotionCaseno'). This is critical for ensuring the motion is filed and associated with the correct legal case. A mismatch could lead to rejection of the filing or significant delays.

Mandatory Grounds for Motion

Verifies that at least one of the primary motion grounds checkboxes is selected (Pen. Code, § 1016.5, § 1473.7(a)(1), § 1473.7(a)(2), or § 1473.7(a)(3)). A motion cannot proceed without a stated legal basis. If no ground is selected, the form is incomplete and cannot be processed by the court.

Conditional Requirement for Supporting Facts

Checks that if a motion ground checkbox (e.g., section 2, 3, 4, or 5) is selected, the corresponding 'Supporting Facts' text area is not empty. This validation ensures that every claim is substantiated with a narrative explanation as required by the form. Failure to provide facts for a selected ground makes the claim unsubstantiated.

Conviction Date Logical Validity

Validates that the conviction date entered in item 1 ('DateField7') is a valid date in the past and occurs before the form's signature date ('DateField8'). This check prevents data entry errors like future dates or impossible timelines. An invalid conviction date would call the entire motion into question.

Defendant Date of Birth Format

Ensures the 'DefendantDOB_dt' field contains a valid and plausible date in MM/DD/YYYY format. The validation should check that the date is not in the future and represents a reasonable age for an adult defendant. This is important for correct identification of the party.

State Bar Number for Attorneys

If the 'ATTORNEY FOR' field ('Attyforname') or the attorney name field ('AttyName_ft') is filled, this check ensures the 'STATE BAR NO.' field is also filled and contains a numeric value. This is crucial for verifying the credentials and good standing of the legal professional submitting the form. An invalid or missing number could lead to rejection.

And 8 more checks
  • Mutually Exclusive Notice Selections in Section 3c
  • Conditional Date Entry for Immigration Notices
  • Conditional Requirement for Judge's Name in Section 5e
  • Conditional Requirement for 'Other' Hearing Presence
  • Completeness of Offense Details Table
  • Mandatory Signature Date and Name
  • Newly Discovered Evidence Date Logic
  • Racial Justice Act Section Completeness

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How to Fill Out CR-187 Online for Free in 2026

What the AI walks you through.

  1. Navigate to Instafill.ai and upload or select Form CR-187, Motion to Vacate Conviction or Sentence.
  2. Enter your personal details, attorney information (if any), and the specific court and case information into the designated fields.
  3. Select the appropriate grounds for your motion by checking the boxes for the relevant Penal Code sections, such as § 1016.5, § 1473.7(a)(1), (a)(2), or (a)(3).
  4. Carefully provide the detailed 'Supporting Facts' for your claim, explaining the circumstances, any prejudicial errors, new evidence, or immigration consequences as required by the form.
  5. Complete the sections regarding reasonable diligence, requests for counsel, and your presence at the hearing, attaching any necessary supporting documents or forms like CR-105.
  6. Review all entered information for accuracy and completeness before generating the final document.
  7. Download the completed form, sign and date it, then serve it on the prosecuting agency and file it with the superior court where the conviction occurred.

Common Mistakes in Completing CR-187

The ones the AI is built to catch.

Using an Incorrect or Incomplete Case Number
Filers often enter the case number with typos, omit characters, or use a number from a different legal matter. The form explicitly requires a separate motion for each case number, a rule people frequently miss. An incorrect case number will cause the court clerk to reject the filing or lead to significant processing delays as the court cannot locate the correct record. To avoid this, carefully transcribe the full case number from official court documents for the conviction you are challenging.
Providing Conclusions Instead of Supporting Facts
The form asks filers to 'Tell your story' but cautions them to 'state facts, not conclusions.' Many people write legal arguments or emotional statements like 'my attorney was ineffective' instead of detailing the specific facts, actions, or conversations that support this claim. The court needs a factual basis (who, what, when, where) to grant relief, and failing to provide one can cause the motion to be denied for being unsubstantiated. Focus on a clear, chronological account of events.
Listing Incomplete or Vague Offense Information
In Section 1, the form requires the specific code, section, and type (felony/misdemeanor) for each offense. Filers often provide generic descriptions like 'drug charge' instead of the required 'Health & Safety Code 11350(a)'. This ambiguity forces the court and prosecution to waste time identifying the conviction in question. This can delay the case or lead to confusion if there are multiple similar charges in the record. Always refer to the original Judgment of Conviction to get the exact statutory details.
Selecting Inapplicable or Contradictory Grounds for Relief
The motion provides several distinct legal grounds (e.g., §1016.5, §1473.7) for vacating a conviction, each with specific requirements. A common error is checking a box that does not align with the facts provided in the narrative sections. For example, checking the box for 'newly discovered evidence' when the narrative only discusses ineffective assistance of counsel. This mismatch can lead to a summary denial of the motion because the stated facts do not legally support the chosen grounds.
Incorrectly Identifying the Superior Court
People often mistakenly enter the details of the court in their current county of residence, rather than the county where the conviction occurred. They may also be unsure of the correct branch name or mailing address versus the street address. Filing a motion in the wrong court jurisdiction will result in an automatic rejection, wasting time and filing fees. The motion must be filed in the superior court where the original sentence was imposed.
Ignoring the 'Reasonable Diligence' Requirement
Section 3c asks the filer to explain any delay in bringing the motion, which is a critical legal requirement. Many people either skip this section or provide a vague answer, not realizing that an unreasonable delay can be grounds for denial. The court needs to know why the motion could not have been brought sooner after the filer became aware of the grounds for it. Failing to adequately address this can cause an otherwise meritorious motion to be denied as untimely.
Requesting Counsel Without Attaching the Required Financial Form
Section 6 allows the filer to request a court-appointed attorney, but it explicitly requires attaching a completed Form CR-105 (Defendant's Financial Statement). A frequent mistake is checking the box to request counsel but failing to find, complete, and attach this separate, mandatory form. This oversight will cause the request for counsel to be denied or ignored, forcing the filer to proceed without legal representation or causing major delays while they correct the error.
Failing to Attach Supporting Evidence and Declarations
Multiple sections of the form instruct the filer to attach 'declarations, relevant records, transcripts, or other documents,' yet many filers rely solely on the narrative they write in the text boxes. A motion without supporting evidence is just an unverified claim and is far less persuasive to a judge. Forgetting to attach immigration notices, letters from attorneys, or sworn declarations from witnesses severely weakens the motion's chance of success. AI-powered tools like Instafill.ai can help manage and attach these documents to the correct submission.
Submitting an Unsigned or Undated Form
In the process of completing a complex, multi-page legal document, it is surprisingly common for the filer to forget the final step: signing and dating the form on page 6. An unsigned motion is legally invalid and has no effect. The court clerk will reject it immediately, halting the entire process and potentially causing the filer to miss important deadlines. Always perform a final review of the entire document, with special attention to the signature block, before filing.
Using a Non-Fillable PDF and Submitting Illegible Handwriting
This form is often found online as a non-fillable PDF, forcing people to print it and fill it out by hand. This frequently leads to illegible handwriting, which can cause the clerk to misenter critical data like names or case numbers, or make it impossible for the judge to understand the supporting facts. If the court cannot read the motion, it may be rejected or denied. To avoid this, use a tool like Instafill.ai that can convert a flat PDF into a fillable version, allowing you to type your answers clearly and professionally.

Frequently Asked Questions About CR-187

 

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This plan is for your CR-187: your own AI agent fills it as often as 5 times a month. To fill other forms and upload your own, choose a Professional plan from your account.
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How does the AI fill out CR-187?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of CR-187, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is CR-187 to fill out?
CR-187 has a Form Complexity Index of 49 out of 100, in the moderate tier: 102 fillable fields across 6 pages. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is the purpose of Form CR-187, Motion to Vacate Conviction or Sentence?
This form is used to formally ask a California court to cancel (vacate) a prior criminal conviction or sentence. It is intended for individuals who are no longer in custody for that case but believe the conviction is legally invalid for specific reasons outlined in the form.
Who should file this motion?
You should file this motion if you have a past California conviction that you believe is legally invalid due to issues like improper advice on immigration consequences, newly discovered evidence of innocence, or racial bias in your case.
What are the main legal grounds for filing this motion?
The form covers several grounds, including the court's failure to advise on immigration consequences (Penal Code § 1016.5), legal invalidity due to prejudicial error (§ 1473.7(a)(1)), newly discovered evidence of actual innocence (§ 1473.7(a)(2)), and convictions based on racial bias (§ 1473.7(a)(3)).
What information do I need to provide in the 'Supporting Facts' sections?
You must provide a detailed, factual story explaining your situation, not just legal conclusions. For example, state exactly what happened, who was involved, and how it led to the error or injustice you are claiming.
Do I need to attach any other documents to this form?
Yes, you should attach any available documents that support your claim, such as declarations, court transcripts, notices from immigration authorities, or any other relevant records. If you are requesting a lawyer, you must also attach Form CR-105.
Where do I file the completed Form CR-187?
You must file the motion in the superior court in the county where the conviction was originally imposed. You are also required to serve a copy of the motion on the prosecuting agency, such as the District Attorney's office.
Can I use one form to challenge multiple convictions?
No, the instructions clearly state that you must file a separate motion for each separate case number you wish to challenge.
What if I can't afford a lawyer to help me with this motion?
You can request a court-appointed lawyer by checking the box in Section 6. To qualify, you must also complete and attach Defendant's Financial Statement (Form CR-105) to demonstrate to the court that you are indigent.
I am currently outside the United States. Do I need to be present for the hearing?
Not necessarily. In Section 7, you can request that the court hold the hearing without your personal presence if you are in custody, outside the U.S., or for another specified reason.
Is there a time limit for filing this motion?
While there isn't a strict deadline, the court can deny your motion if there has been an unreasonable delay in filing it. You should be prepared to explain why you could not have brought the motion earlier.
What is the difference between a motion under § 1016.5 and § 1473.7(a)(1)?
A motion under § 1016.5 is specifically for when the court failed to advise you about immigration consequences. A motion under § 1473.7(a)(1) is broader, covering any prejudicial error that affected your ability to understand the immigration consequences, which can include ineffective assistance from your attorney.
Can AI tools help me fill out Form CR-187?
Yes, services like Instafill.ai use AI to accurately auto-fill form fields with your basic information, which saves time and helps avoid mistakes. You will still need to provide the specific facts and arguments for your case.
How can I use Instafill.ai to complete this form?
Simply upload the CR-187 PDF to the Instafill.ai platform. The AI will make the form interactive, allowing you to fill it out online, save your progress, and download the completed document.
The PDF version of this form I found isn't fillable. What should I do?
If you have a non-fillable or 'flat' PDF, you can use a service like Instafill.ai. It can convert the static document into an interactive, fillable form that you can easily complete on your computer.
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