Penal Code § 1203.41 Expungements
On October 13, 2013, a new section was added to the California Penal Code that extends felony expungements to people sentenced under the California Realignment Act.
1203.41 Expungement Criteria
If you were sentenced under Penal Code § 1170 (h)(5), your felony conviction may be expunged if you meet all of following criteria.
1) You served your sentence in the county jail (as opposed to the state prison);
2) You must have completed your entire sentence, including any community supervision or probation period, and paid all fines, fees, and restitution that were ordered;
3) You must not be facing any new charges, serving a sentence on a new case, or currently be on probation for any another case.
In addition to meeting all 3 of the above criteria, you must also satisfy the following waiting period, which waiting period applies to you depends upon the structure of your sentence.
One Year Waiting Period: If the judge imposed a “split sentence” in which you served time in the county jail and were then released for a period of community supervision or probation you are eligible to apply for an expungement after one year has passed from the end of your supervision period. A split sentence is imposed under Penal Code § 1170(h)(5)(b).
Two Year Waiting Period: If you were ordered to serve your entire sentence in county jail (i.e, you were not released onto probation or supervision of any kind), you are eligible to apply for an expungement after two years have passed from the date of your release from county jail. This sort of sentence is imposed under Penal Code § 1170(h)(5)(a).
We Can Determine Whether You Qualify
Since 1990, our law firm has specialized in helping people with felony convictions move on with their lives. We are nationally recognized for our expertise at post-conviction relief. If you think you may qualify to expunge your felony under Penal Code section 1203.41, we can obtain and review your official criminal record. Our review will cover your entire California record and provide a plan for maximizing your felony expungement benefits.
If you’re ready to find out if your felony can be expunged, please click below.