PC 1203.42
Relief for older prison felonies (PC 1203.42)
If your felony would be a county jail sentence today but was a prison sentence when it happened, this is the statute that lets you ask anyway.
What it does
It extends the same discretionary dismissal to people sentenced before realignment, for offences that would now be served in county jail under Penal Code 1170(h).
What it does not do
Same limits as 1203.41, and the same discretionary standard. It does not reach serious or violent felonies.
Realignment was not retroactive. Someone sentenced in 2009 for an offence that would be a county jail case in 2026 went to state prison, and for years had no route to relief that a more recently sentenced person would have had. Section 1203.42 is the fix, and it is narrow.
The threshold question is a legal one
Everything turns on whether your offence would be eligible for a county jail sentence under 1170(h) if it were charged today. That is not something you can look up in your paperwork — it is an analysis of the current sentencing scheme applied to an old conviction, and it is the single most common reason these petitions are filed when they should not have been.
If this does not fit, a Certificate of Rehabilitation might
For serious convictions where no dismissal statute reaches, a Certificate of Rehabilitation is the next route, and it doubles as an application for a Governor's pardon. It takes longer, costs more and demands a real showing, but it exists where 1203.42 does not.
Who qualifies
- The conviction was before 1 October 2011
- The offence would now be eligible for a county jail sentence under 1170(h)
- Two years have passed since you completed your sentence and any supervision
- 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
- Serious felonies and violent felonies
- Offences requiring sex-offender registration
- Convictions where the offence would still carry a state prison sentence today
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
The slowest of the dismissal petitions. The threshold question — would this offence be a 1170(h) case today — often has to be briefed, and courts take their time.
Our flat fee for this is $799, all in, with the court filing fee included. See what that covers.
Common questions
My conviction was in 2008. Does that automatically qualify?
No. The date gets you past the first requirement; the offence itself still has to be one that would be a county jail case today. That analysis is the heart of the petition.
Does two years run from release or from the end of parole?
From the completion of the sentence, which includes any supervision. Counting from your release date is the usual mistake.
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.