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Cal. Rules of Court, rule 4.320 · Division 4. Sentencing

Records of criminal convictions (Gov. Code, §§ 69844.5, 71280.5)

Verbatim from the official edition

Text — As posted by the Judicial Council of California (read October 22, 2026)

(a) Information to be submitted

In addition to the information that the Department of Justice requires from courts under Penal Code section 13151, each trial court must also report, electronically or manually, the following information, in the form and manner specified by the Department of Justice:

(1) Whether the defendant was represented by counsel or waived the right to counsel; and

(2) In the case of a guilty or nolo contendere plea, whether:

(A) The defendant was advised of and understood the charges;

(B) The defendant was advised of, understood, and waived the right to a jury trial, the right to confront witnesses, and the privilege against self-incrimination; and

(C) The court found the plea was voluntary and intelligently made.

For purposes of this rule, a change of plea form signed by the defendant, defense counsel if the defendant was represented by counsel, and the judge, and filed with the court is a sufficient basis for the clerk or deputy clerk to report that the requirements of (2) have been met.

(b) Certification required

The reporting clerk or a deputy clerk must certify that the report submitted to the Department of Justice under Penal Code section 13151 and this rule is a correct abstract of the information contained in the court's records in the case.

Notes and commentary — not rule text

History

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2001.)

(Subd (b) amended effective January 1, 2007.)

Rule 4.320 amended effective January 1, 2007; adopted as rule 895 effective July 1, 1998; previously amended and renumbered effective January 1, 2001.

Source of truth

Edition
As posted by the Judicial Council of California (read October 22, 2026)
Official file
https://courts.ca.gov/cms/rules/index/four/rule4_320
Text hash
sha256 9d30f76b4d840ce7bafcc67f4143a8f24a9b689653629c1b9cacfd761f6c9e88
Composed by
compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph

This rule cites

Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.