New Law for Clean Record Relief After Prison Sentence
Effective in 2024, persons who served a prison sentence are eligible for previously unavailable clean record relief in Penal Code section 1203.41. Under this section, a person who has completed their prison sentence and waited one year or two years (depending on the type of felony) can petition to have their case dismissed, the equivalent of an “expungement” in California. Although dismissal will not restore firearm ownership rights or delete the entry from a Department of Justice Record, it will provide greater employment protections. The standard for the granting the petition is in the court’s "discretion and in the interest of justice.” This means that the court is not required to grant the petition; the petitioner should supply information in the form of a personal declaration, character reference letter, or education certificate which shows rehabilitation to the court or that there is a great need for the petition to be granted.
What relief is available after dismissal under Penal Code section 1203.41? The next step would be to follow the Governor’s pardon process. Although it is possible to apply directly to Governor’s office for a pardon, the best path is to first apply for a Certificate of Rehabilitation and Pardon in the county where the person lives. The timeline to file a petition for a certificate is five to ten years after completion of sentence, depending on the type of conviction. If granted, the petition will serve as a recommendation to the Governor to grant the person a pardon and will also help with obtaining a professional license like nurse, attorney, or real estate. Even so, pardons are rarely granted by the Governor. With two or more felony convictions, not only must the Governor approve the pardon, but also the California Supreme Court. Nonetheless, if a pardon is granted it will restore firearm ownership rights.
Consequently, for a former prisoner the steps to be taken to fully clean a record are as follows 1) petition to dismiss under Penal Code section 1203.41, 2) petition for a Certificate of Rehabilitation and Pardon, 3) wait to see if Governor grants pardon once certificate is granted, and 4) if the pardon doesn’t happen within two years, apply for a direct pardon from the Governor each year or two.
