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Yes! You can use AI to fill out Form CR-426, Order After Request for Resentencing and Dismissal (Pen. Code, § 653.29)

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Form CR-426, Order After Request for Resentencing and Dismissal (Pen. Code, § 653.29), page 1
Basic · 39/100Form Complexity Index

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What this form asks for

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Form CR-426, Order After Request for Resentencing and Dismissal, is a legal document used in the California court system. A judge issues this order to formally grant or deny a defendant's request to have their sentence recalled and conviction dismissed for a violation of Penal Code section 653.22. This form documents the court's final decision and any related actions, such as sealing the conviction record. 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 fields44
Pages1
Form Complexity IndexBasic, 39/100

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 Presence

Validates that the 'Case Number' field is not empty. The case number is a unique identifier for the court proceedings and is essential for linking the order to the correct file. A missing case number would render the document impossible to file and process correctly.

Defendant Name Presence

Ensures the 'DEFENDANT' field is populated. This field identifies the individual subject to the court's order, which is a fundamental requirement for legal validity. Failure to name the defendant makes the order ambiguous and unenforceable.

Mutually Exclusive Relief Decision in Section 1

Verifies that only one of '1.a. Relief Granted' or '1.b. Relief Denied' is selected. These two options are mutually exclusive outcomes for the petition. Selecting both or neither would create a logical contradiction, making the court's decision unclear and the order invalid.

Mutually Exclusive Relief Decision in Section 2

Checks that only one of '2.a. Relief Granted' or '2.b. Relief Denied' is selected for the application. Similar to Section 1, these are opposing decisions. The system must enforce this exclusivity to ensure the order reflects a single, unambiguous ruling from the judicial officer.

Completeness of Relief Granted in Section 1

Ensures that if '1.a. Relief Granted' is checked, at least one of the sub-options (1, 2, 3, or 4) is also selected. Granting relief requires specifying the exact nature of that relief. Failure to select a sub-option leaves the order's effect undefined and legally insufficient.

Conditional Date Requirement for Minute Order

Ensures that if checkbox '1.a(1)(a)' (referencing a court minute order) is checked, the corresponding date field is filled. The date is a critical piece of information needed to locate the referenced minute order. Without it, the instruction is incomplete and cannot be acted upon.

And 8 more checks
  • Conditional Text for 'Other' Option
  • Conditional Details for Other Convictions in Section 2
  • Valid Email Address Format
  • Valid State Bar Number Format
  • Order Date Presence
  • ZIP Code Format Validation
  • County Name Presence
  • Logical Date Consistency

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How to Fill Out CR-426 Online for Free in 2026

What the AI walks you through.

  1. Navigate to Instafill.ai and upload the CR-426 form or select it from the template library.
  2. Use the AI assistant to fill in the header information, including attorney/party details, court information, and the specific case number and defendant name.
  3. Based on the court's ruling, check the appropriate boxes to indicate whether the order pertains to a 'Petition for Recall and Dismissal' or an 'Application for Dismissal of a Completed Sentence'.
  4. Select whether relief is 'Granted' or 'Denied'. If granted, fill in the specific details of the order, such as dates, dismissal of convictions, or sealing of records.
  5. If there are any additional court directives, enter them in the 'Other' text fields provided.
  6. Enter the date the order is made and identify the judicial officer issuing the order.
  7. Review the entire completed form for accuracy, then download, print, and submit it to the court for the judge's signature and official filing.

Common Mistakes in Completing CR-426

The ones the AI is built to catch.

Incorrect or Incomplete Case Number
Users frequently enter the case number with transposed digits, missing characters, or an incorrect format. The case number is the court's primary identifier for a legal matter, and any error can cause the order to be rejected, misfiled, or applied to the wrong record. This leads to significant delays and requires refiling. Always verify the case number against the most recent court documents for accuracy.
Incomplete Court Information
Filers often neglect to fill out the full court address, particularly the specific branch name or the distinction between the street and mailing address. This is especially common in counties with multiple courthouse locations. An incomplete address can cause the document to be routed incorrectly within the court system, delaying its arrival to the correct judge or clerk for processing and signature.
Contradictory Selections
A critical error is checking boxes that create a logical contradiction, such as selecting both 'Relief Granted' (e.g., 1a) and 'Relief Denied' (e.g., 1b) within the same section. This makes the proposed order legally nonsensical and guarantees its rejection by the court clerk or judge. The filer must choose one definitive outcome for the petition or application.
Missing Details for Granted Relief
Users often check a box to grant relief but then fail to provide the mandatory accompanying information. For example, checking box 1a(1)(a) without entering the date of the minute order, or checking 2a(2) without specifying which other counts remain and on what date. This renders the order incomplete and unenforceable, requiring correction and resubmission.
Ambiguous 'Attorney For' Designation
In the 'ATTORNEY FOR (name):' field, filers sometimes write 'Self', 'Pro Per', or their own name instead of the defendant's name. This field must clearly state the name of the party the attorney is representing, which is the Defendant listed in the case caption. An incorrect entry can cause confusion for the court clerk and may require clarification before the order is processed.
Confusion Between Petition and Application Sections
The form has two distinct sections: Section 1 for a 'Petition for Recall and Dismissal' and Section 2 for an 'Application for Dismissal of a Completed Sentence'. Filers may mistakenly fill out the wrong section based on the nature of their original request. This error can result in the judge signing an order that does not accurately reflect the legal basis for the relief sought, potentially invalidating the order.
Vague or Legally Insufficient 'Other' Entries
When using the 'Other' fields (e.g., 1a(4) or 2a(3)), filers may provide descriptions that are too vague, informal, or legally imprecise. An order from the court must be clear and unambiguous. A poorly drafted 'Other' condition can lead to the order being rejected or misinterpreted later, creating further legal complications.
Forgetting the Attorney's State Bar Number
Attorneys preparing this form sometimes forget to include their State Bar Number in the designated field. This number is required by the court to verify the attorney's identity and their standing with the State Bar of California. Omitting this information can lead to filing rejections or delays while the clerk's office attempts to verify the attorney's credentials.
Failing to Specify Remaining Convictions
In Section 2a(2), when relief is granted for one count but other convictions in the same case remain, it is crucial to list those remaining counts and their conviction dates. A common mistake is to leave this section blank, creating ambiguity about the status of the defendant's other convictions. This can lead to future legal disputes or incorrect updates to the criminal record.
Incorrectly Filling as a Non-Fillable PDF
This form is often found as a non-fillable PDF, leading users to print and fill it out by hand, which can result in illegible entries and data errors. This slows down court processing and increases the chance of rejection. Using a tool like Instafill.ai can convert the flat PDF into an interactive, fillable form, ensuring all entries are clear, properly formatted, and validated before printing.

Frequently Asked Questions About CR-426

 

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How does the AI fill out CR-426?
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-426, 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-426 to fill out?
CR-426 has a Form Complexity Index of 39 out of 100, in the basic tier: 44 fillable fields across 1 page. 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-426?
Form CR-426 is a court order used by a California judge to grant or deny a request for resentencing and dismissal of a conviction for loitering with intent to commit prostitution (former Penal Code § 653.22).
Who fills out this form?
A judicial officer, or judge, is the one who completes and signs this form. It serves as the court's official decision in response to a petition filed by an individual or their attorney.
How do I start the process to have my conviction dismissed?
This form is the final order from the judge. To begin the process, you must first file a petition or application with the superior court where you were convicted, asking for relief under Penal Code § 653.29.
What is the difference between Section 1 and Section 2 on the form?
Section 1, 'Petition for Recall and Dismissal,' is for individuals who are still serving a sentence or are under supervision. Section 2, 'Application for Dismissal of a Completed Sentence,' is for those who have already finished their entire sentence.
What does it mean if the judge grants my request and seals the conviction?
If your request is granted, the conviction is deemed legally invalid and is hidden from public view for most purposes, such as typical employment or housing background checks.
I have other convictions from the same case. Will this order dismiss those as well?
No, this order only applies to the specific conviction for violating former Penal Code section 653.22. The form clarifies that any other convictions in the case will remain on your record unless addressed separately.
What happens if the 'Relief Denied' box is checked?
If the judge denies relief, it means the court determined you were not eligible to have your conviction dismissed under the law. The specific reasons for the denial would be found in the court's records for your case.
What information do I need to provide when I file my initial request?
To start the process, you will need your personal information, the case number, the date of your conviction, and specific details about the charge you want dismissed.
How long will it take to get this order from the court?
The processing time varies by court and caseload. After you file your initial petition, you can check with the court clerk for an estimated timeframe for a decision.
What should I do after I receive a signed copy of this order granting my request?
You should keep a certified copy of the signed order for your personal records. This serves as official proof that your conviction was dismissed and sealed by the court.
Can AI tools help me with this legal process?
Yes, while the judge completes the CR-426 order, AI-powered services like Instafill.ai can help you accurately fill out the initial petition or application form required to start the process, saving you time and reducing errors.
How can I use Instafill.ai to fill out my request form online?
Simply upload the petition or application form to the Instafill.ai platform. The AI will identify all the form fields, allowing you to enter your information and generate a completed, downloadable document.
The petition form I need to file is a flat PDF and not fillable. What can I do?
Services like Instafill.ai can convert non-fillable PDFs into interactive, fillable forms. Upload your document, and the tool will make it easy to type your information directly into the correct fields.
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