Petition to Dismiss Felony With a Prison Sentence

Until July 1, 2023, a person sentenced to prison for a felony or placed on parole had no way to petition for a dismissal, also known as an expungement, after serving their term. Fortunately, a change in the law now allows felons sentenced to prison or parole to petition for dismissal. This new section is Penal Code section 1203.41.

• Penal Code section 1203.41 allows a felon to file a petition for dismissal which the court may grant “in its discretion and in the interests of justice.” Factors the court will consider include the severity of the crime, the person’s performance on parole or in prison, the person’s efforts at rehabilitation after release, and the need for dismissal of the conviction. Depending on the type of conviction, eligibility to file begins either one year or two years after completion of the sentence. Convictions that required registration as a sex offender are not eligible, and only a motion to reduce a felony after a term of probation can restore firearm rights.

• Nonetheless, the benefits of dismissal for employment eligibility and related background checks like housing are subanstial. Previously, felons sentenced to prison had no relief available besides a certificate of rehabilitation; now, they have what is essentially the same process as a probation expungement. Contact the Law Office of David Reagan for a free consultation. In preparing these types of petitions, Mr. Reagan gathers documentation with individualized consideration of every client and puts forward a persuasive case that shows why the petition should be granted “in the interests of justice.”