PC 1203.41
Felony relief after a county jail sentence (PC 1203.41)
Realignment moved many felony sentences from state prison to county jail. Section 1203.41 is the relief statute written for those cases, and its rules are not the same as 1203.4's.
What it does
It allows the court, in its discretion and in the interests of justice, to withdraw the plea or set aside the verdict and dismiss a felony that was sentenced to county jail under Penal Code 1170(h).
What it does not do
It is discretionary rather than mandatory, it does not restore firearm rights, and it expressly does not limit the authority of care-facility and in-home-supportive-services background checks.
In 2011 California stopped sending people to state prison for many felonies and started sentencing them to county jail instead, under Penal Code 1170(h). That created a gap: section 1203.4 was written around probation, and these sentences often did not involve probation at all. Section 1203.41 closed it.
Which waiting period applies to you
There are two, and which one applies depends on how the sentence was structured. A straight county jail term carries a one-year wait from completion. A split sentence — part custody, part mandatory supervision — carries two years from the completion of supervision. People routinely get this wrong because they count from release rather than from the end of supervision.
This one is discretionary, always
Unlike a completed-probation petition under 1203.4, there is no version of this where the court must grant it. The judge weighs the interests of justice. In practice that means the petition needs to do real work: what the conviction was, what you have done since, what the relief is actually for. A one-page form filed with nothing behind it is how these get denied.
Who qualifies
- The sentence was imposed under Penal Code 1170(h) — a felony served in county jail
- For a straight county jail term: one year has passed since the sentence was completed
- For a split sentence with mandatory supervision: two years since completion
- You are not serving a sentence or facing charges on any case
- You are not required to register as a sex offender
Who does not
- Anyone required to register under the Sex Offender Registration Act
- Felonies sentenced to state prison, which fall under section 1203.42 instead
- Cases where the sentence or supervision is not yet complete
The forms and how long it takes
Filed on CR-180, CR-181, MC-031.
- CR-180 — Petition for Dismissal
- CR-181 — Order for Dismissal
- MC-031 — Attached Declaration
Expect longer than a misdemeanour petition. Because relief is discretionary, courts are more likely to set a hearing, and the district attorney is more likely to appear.
Our flat fee for this is $799, all in, with the court filing fee included. See what that covers.
Common questions
How do I know whether my sentence was under 1170(h)?
The abstract of judgment says so, and it is one of the first things a records review establishes. If you served a felony sentence in county jail rather than state prison after 2011, it very likely was.
What is a split sentence?
A sentence divided between custody and mandatory supervision, where you serve part of the term in county jail and the rest under supervision in the community. The two-year waiting period runs from the end of the supervision part.
Can the felony be reduced to a misdemeanour first?
Only if it is a wobbler — an offence that could have been charged either way. Many 1170(h) felonies are not. If yours is, the reduction under Penal Code 17(b) is usually worth more than the dismissal, and doing both is the strongest outcome.
Related relief
Legal information on this page was last checked against primary sources in October 2026. California law changes; if you are reading this long after that date, confirm before you rely on it.