Automatic conviction relief (Pen. Code 1203.425): prosecutor or probation petition to prohibit relief, no later than 90 calendar days before eligibility
90 days before date the person becomes eligible for automatic relief under 1203.425(a), under Cal. Pen. Code 1203.425(b)(1).
Rule text
(b) (1) The prosecuting attorney or probation department may, no later than 90 calendar days before the date of a person’s eligibility for relief pursuant to this section, file a petition to prohibit the department from granting automatic relief pursuant to this section, based on a showing that granting that relief would pose a
Calculate this deadline
- Trigger (Date the person becomes eligible for automatic relief under 1203.425(a)): Friday, November 6, 2026.
- Count back 90 calendar days: Saturday, August 8, 2026.
- That day is a Saturday. Counting backward, this calculator uses the earlier court day so the full notice period is preserved: Friday, August 7, 2026 (see Cal. Code Civ. Proc. 12c).
Cal. Pen. Code 1203.425(b)(1)
(b) (1) The prosecuting attorney or probation department may, no later than 90 calendar days before the date of a person’s eligibility for relief pursuant to this section, file a petition to prohibit the department from granting automatic relief pursuant to this section, based on a showing that granting that relief would pose aOfficial source
Cal. Code Civ. Proc. 12, 12a, 10; Gov. Code 6800, 6804, 6806; Cal. Rules of Court, rule 1.10 (for periods set by the Rules of Court)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a: "(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6804: "“Month” means a calendar month, unless otherwise expressed." Gov. Code 6806: "A day is the period of time between any midnight and the midnight following." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday."Official source
- Counting backward from a hearing or trial, when the day lands on a weekend or holiday we use the earlier court day. The rules do not state the direction expressly; confirm with the court.
- Eligibility date generally: misdemeanor or infraction, one calendar year after judgment with sentence apparently completed; felony (conviction on or after 1/1/2005), four years after completing probation or supervision with no new felony (1203.425(a)(1)(B)). Compute the eligibility date first and enter it as the trigger.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the person becomes eligible for automatic relief under 1203.425(a) on Monday, March 15, 2027, personal service: due Tuesday, December 15, 2026.
- Trigger (Date the person becomes eligible for automatic relief under 1203.425(a)): Monday, March 15, 2027.
- Count back 90 calendar days: Tuesday, December 15, 2026.
Notes
Eligibility date generally: misdemeanor or infraction, one calendar year after judgment with sentence apparently completed; felony (conviction on or after 1/1/2005), four years after completing probation or supervision with no new felony (1203.425(a)(1)(B)). Compute the eligibility date first and enter it as the trigger.
Related deadlines
- Dismissal for misdemeanor without probation or infraction (Pen. Code 1203.4a): earliest petition (1 year after judgment) (12 months after)
- Dismissal after 1170(h) county jail sentence, split sentence (1170(h)(5)(B)): earliest relief 1 year after completion (12 months after)
- Dismissal after 1170(h) county jail sentence, straight term (1170(h)(5)(A)): earliest relief 2 years after completion (24 months after)
- Dismissal for pre-realignment prison sentence that would now be a 1170(h) sentence (Pen. Code 1203.42): earliest relief 2 years after completion (24 months after)
- Dismissal for fire camp / firefighter program participants (Pen. Code 1203.4b): 15 days’ notice to prosecutor (15 days after)
- Automatic conviction relief: hearing on prosecutor or probation petition within 45 days after filing (45 days after)
- Military-related trauma resentencing petition (Pen. Code 1170.91(b)): hearing not less than 15 days after notice (15 days after)
- Motion for finding of entitlement to compensation (habeas granted or judgment vacated, then dismissal or acquittal): DA written objection within 15 days (15 days after)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.