California Senate Bill 731 enacted Penal Code section 1203.41, which allows courts to dismiss serious felony cases. This includes cases where the defendant served time in state prison. A post-conviction dismissal is often called an “expungement.” We recently got the court to grant a serious felony expungement of a murder charge.

There are very few restrictions on what kind of case a judge can dismiss under PC 1203.41. Serious and violent felony charges are eligible for expungement, including murder charges. The only exceptions are sex offense felonies where the defendant served state prison time and that felony resulted in a requirement to register as a sex offender. See PC 1203.41(a)(6).

Serious felony expungements can be tricky. We were one of the first firms to get them granted after the new law took effect in January of 2023. After getting several granted last year, we recently got a judge to grant a serious felony expungement in a murder case.

Serious felony expungements are always discretionary. The law provides that the court may, in its discretion and in the interest of justice, grant relief. We always include a mitigation packet with these petitions for dismissal. It is important to give the judge a reason to grant the dismissal.

Reasons for Serious Felony Expungement

There are a lot of good reasons to clear your record. Once the judge dismisses the case, you can legally answer “no” on job application questions about the conviction. After your serious felony expungement is granted:

1. Employers may not ask about, look for, or consider the dismissed conviction; and
2. Government licensing agencies may not use the dismissed conviction as the sole basis for denying you a license.
3. There are few exceptions where you will still have to reveal the conviction, but it generally will not appear on private sector background checks.

So, when you apply to help out at your grandkids’ activities, the serious felony won’t show up. However, a post-conviction dismissal will not restore firearms rights.

Legally, when a judge grants a serious felony expungement, the court sets aside the plea or conviction, enters a Not Guilty plea, and dismisses the case.

If you have a serious felony case that is holding you back, hire the firm with a track record of success in getting these cases dismissed. We handle serious felony expungement cases throughout the state of California. What are you waiting for? Contact Criminal Defense Heroes, P.C. today. We have a free form to evaluate your case. Or give us a call at 323-529-3660 for a free consultation.