Can You Expunge a Felony After Prison or County Jail in California?

Yes, in many cases you can expunge a felony even if you went to state prison or served county jail time. Under current California law, a judge may dismiss many of these convictions after a waiting period. The wait is one or two years after you complete your sentence. The relief is not automatic, and the judge decides. If you served time and assumed you were shut out, please read on, or request a free consultation to talk through your case.

By Allison Cole Law | Last updated: November 8, 2026

Can you expunge a felony after state prison?

Often, yes. Penal Code section 1203.41 lets a court dismiss a felony “in its discretion and in the interest of justice.” It covers state prison sentences and county jail sentences under PC 1170(h).

For a state prison sentence, the wait is two years after you complete the sentence. You also can’t be on parole when relief is granted. If you were released to parole, I look closely at how your completion date is counted. In California, people call this relief an “expungement.” Legally, it is a dismissal. The court lets you withdraw your plea, or sets aside the verdict, and dismisses the case.

Since January 1, 2023, California law has allowed a judge to dismiss eligible state prison felonies, including older convictions. The California Courts self-help guide also explains this option.

Which sentence did you receive?

Your court papers show which path applies.

• Probation with jail time. Many judges grant probation and order some jail time as a condition. That is still a probation case. It usually goes through dismissing a conviction under PC 1203.4, not 1203.41.
• County jail under PC 1170(h). After 2011 Realignment, many felonies are served in county jail instead of prison. No probation is granted. This is a 1170(h) sentence.
• State prison. You were committed to the state prison system.

Sentence type	Wait after you complete it	Statute
Split 1170(h) sentence (jail, then mandatory supervision)	1 year	PC 1203.41(a)(2)
Straight 1170(h) county jail sentence	2 years	PC 1203.41(a)(2)
State prison	2 years	PC 1203.41(a)(2)
Sentenced before 2011 Realignment, for a crime now under 1170(h)	2 years	PC 1203.42(a)(2)

How to expunge a felony served in county jail (1170(h))

The statute sets two different waits for county jail felonies. Each wait starts when you complete the sentence. For a split sentence, that includes the mandatory supervision.

Split sentences: one-year wait

A split sentence under PC 1170(h)(5)(B) means part of the term in jail and part on mandatory supervision. You may apply one year after you complete the whole sentence.

Straight county jail sentences: two-year wait

A straight sentence under PC 1170(h)(5)(A) is served fully in custody. You may apply two years after you complete it.

Sentenced before 2011 Realignment? PC 1203.42

Penal Code section 1203.42 is a separate law with its own rules. It helps people sentenced before 2011 Realignment took effect. It applies when the crime is one that would now qualify for a 1170(h) county jail sentence.

You may apply two years after you complete the sentence. You must not be under supervised release. You also can’t be serving a sentence, on probation, or facing charges. The relief is discretionary.

Its text differs from 1203.41 in some ways. For example, 1203.42 does not contain the prison sex offender registration clause found in 1203.41. When I review an older case, I check which section actually fits.

Who can’t expunge a felony under 1203.41

Under PC 1203.41(a)(3), you can’t get relief while you are:

• on parole or on mandatory supervision;
• serving a sentence for any offense;
• on probation for any offense; or
• charged with any offense.

There is one more rule for prison cases. Under PC 1203.41(a)(6), relief for a state prison felony is not available if that felony required sex offender registration under PC 290. The statute places this limit on prison sentences.

Your timing matters too. The court can grant relief only after the waiting period has passed. That is why I look closely at the exact date your sentence ended.

How judges decide whether to expunge a felony

The judge has discretion. The question is whether a dismissal serves “the interest of justice.”

The self-help guide says you may attach supporting documents. Judges often look at your life since the case. Steady work, school, treatment, family duties and community ties can all help tell that story.

Many people worry that unpaid restitution will block them. Under PC 1203.41(d), an unpaid restitution order or restitution fine can’t be grounds to deny the petition. The same rule appears in PC 1203.42(c).

Others worry that an old mistake on supervision or a hard period of life will count against them. The judge weighs your whole story, not one chapter.

No one can promise how a judge will rule. A clear, honest petition gives the court the full picture.

What dismissal does and doesn’t change

A dismissal releases you from most penalties and disabilities of the conviction. It does not erase the record. Under 1203.41(b), these limits remain:

• The conviction can still be used as a prior in a later case.
• You must disclose it if directly asked on an application for public office or a state or local license. The same applies to federally recognized tribe licensing, in-home supportive services provider enrollment and California State Lottery contracts.
• It does not restore firearm rights.
• It does not restore eligibility for public office if the conviction barred it.
• Unexpired criminal protective orders stay in effect (1203.41(g)).
• Agencies that screen care workers can still receive and act on the record (1203.41(h)).
• It does not change Vehicle Code 13555, which concerns the DMV.

For private jobs, a dismissal can still help. Learn what shows on a background check after a dismissal.

How I review your eligibility

Every case starts with your records, not assumptions. When we talk, I focus on a few questions:

• What sentence did the court actually impose? Probation, 1170(h) county jail and state prison each follow different rules.
• When did your sentence end? The waiting period turns on that date, so I confirm it carefully.
• Is anything still open? Supervision, a new case or another sentence can delay relief.
• What story does your life tell now? I help you show the court who you are today.

Many clients feel anxious about facing a judge again. I explain what to expect and handle the court process for you.

Other options after a prison sentence

A dismissal is not the only tool. Depending on your record, you may also consider:

• A certificate of rehabilitation and pardon. PC 1203.41(a)(4) refers to this separate path.
• Automatic relief. Some felonies may already qualify for automatic Clean Slate relief.
• A 17(b) reduction. A 17(b) reduction generally isn’t available if you were sentenced to state prison or to county jail under 1170(h). It most often comes up for wobblers where the court granted probation. Read how a PC 17(b) felony reduction works.
• Record sealing. Some arrests and cases may qualify for record sealing.

Time in prison or county jail doesn’t have to be the last word on your record. Call me at (408) 417-0477 for a free consultation. I’ll review your sentence dates and explain whether 1203.41, 1203.42 or another option may fit.

Frequently asked questions

Can I expunge a felony if I went to state prison?

Often, yes. Under Penal Code section 1203.41, a judge may dismiss a state prison felony two years after you finish your sentence. You can’t be on parole, facing charges, or serving another sentence. The felony must not have required sex offender registration. The judge decides based on the interest of justice.

How long do I wait to expunge a felony after county jail?

It depends on your sentence under Penal Code section 1170(h). After a split sentence with mandatory supervision, you may apply one year after completing it. After a straight county jail sentence, the wait is two years after completion. In both cases, you must not be on supervision or facing new charges.

What is Penal Code 1203.42?

Section 1203.42 helps people sentenced before California’s 2011 Realignment for a crime that would now qualify for county jail under 1170(h). Two years after completing the sentence, you may ask the court to dismiss the case. Relief is discretionary. You must not be on supervised release, serving a sentence, on probation or facing charges.

Will a dismissal of a prison felony restore my gun rights?

No. Penal Code section 1203.41(b)(3) states that a dismissal does not permit you to own or possess a firearm. A dismissal can still help with many job and housing background checks. Other remedies, such as a pardon, may address firearm rights, so it’s worth having your record reviewed carefully.

Do I still have to disclose a dismissed felony?

Sometimes. You must disclose it if directly asked on an application for public office, a state or local license, or a California State Lottery contract. Labor Code section 432.7 generally bars employers from asking about or using a court-dismissed conviction. There are narrow exceptions, such as law enforcement jobs and positions where a law requires the employer to obtain that particular conviction or bars people with it from the job.

Serving clients across California

Based on the Central Coast in Santa Cruz County, Allison Cole Law provides services statewide. From San Diego to Eureka, we are ready to assist you. Give us a call today at (408) 417-0477.

Disclaimer: This article is attorney advertising. It is general information, not legal advice, and reading it doesn’t create an attorney-client relationship. Laws change; check with the court or an attorney about your case.