# Felony served in state prison or on a straight county-jail sentence under Penal Code 1170(h)(5)(A) · California — Criminal record expungement and sealing waiting periods by state

For Felony served in state prison or on a straight county-jail sentence under Penal Code 1170(h)(5)(A) · California, waiting period is two years; measured from is the defendant’s completion of the sentence; section is 1203.41, verified against its source on 2026-09-02.

- **Offense class:** Felony served in state prison or on a straight county-jail sentence under Penal Code 1170(h)(5)(A) _(our reading, not quoted from the source)_
- **State:** California
- **Waiting period:** two years _(verified: appears in the quote below)_
- **Measured from:** the defendant’s completion of the sentence _(verified: appears in the quote below)_
- **Section:** 1203.41 _(verified: appears in its own passage below)_

## What the source says

> or after the lapse of two years following the defendant’s completion of the sentence, if the sentence was imposed pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170 or if the defendant was sentenced to the state prison.

## Where each value comes from

This source states these in separate places, so each value is shown with the passage that states it.

### Section

> 1203.41. (a) If a defendant is convicted of a felony, the court, in its discretion and in the interest of justice, may order the following relief, subject to the conditions of subdivision (b):

## Source

- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=1203.41

Last verified: 2026-09-02. Review by: 2027-09-02.
Part of [Criminal record expungement and sealing waiting periods by state](https://referencesource.org/criminal-record-expungement-waiting-periods-by-state/).