Request for Resentencing and Dismissal (Pen. Code. Sec. 653.29)
California · Judicial Council of California · Effective January 1, 2023
This form is used by a defendant who was convicted in a criminal case. It allows the defendant to ask the court to either recall or dismiss a sentence, or to dismiss and seal a conviction if the sentence has already been completed.
Where this fits in a case
MotionsStage: Motions
This form is used by a defendant who has been convicted in a criminal case and wishes to ask the court to take action regarding their sentence or conviction.
Usually filed by the person starting the case.
Official instructions
How-to guides published by the court for this form.
Common questions
- Who fills out this form?
- The petitioner, who is the defendant in the criminal case, fills out this form. An attorney can also fill it out for the petitioner.
- What does the form ask for?
- The form asks the court to either recall or dismiss a sentence, or to dismiss and seal the conviction if the sentence is finished.
- Does the petitioner have to appear at a hearing?
- The petitioner can choose to give up the right to attend a hearing, or they can choose whether they want a hearing or not.
Revision history
No changes recorded since we started tracking this form on October 9, 2026. The current version took effect January 1, 2023.
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