Expungement petition (1203.4, 1203.41, 1203.42): last day to give prosecutor 15 days notice before hearing

15 days before hearing (or ruling) date on the petition, under Cal. Pen. Code 1203.4(d)(1); 1203.41(e)(1); 1203.42(d)(1).

Rule text

1203.4(d)(1): "Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days' notice of the petition for relief. The probation officer shall notify the prosecuting attorney when a petition is filed, pursuant to this section. (2) It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court." 1203.41(e)(1) and 1203.42(d)(1) each provide: "Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days' notice of the petition for relief."

Cal. Pen. Code 1203.4(d)(1); 1203.41(e)(1); 1203.42(d)(1), official source

Calculate this deadline

Deadline
Thursday, October 22, 2026
  1. Trigger (Hearing (or ruling) date on the petition): Friday, November 6, 2026.
  2. Count back 15 calendar days: Thursday, October 22, 2026.
Rules applied
Cal. Pen. Code 1203.4(d)(1); 1203.41(e)(1); 1203.42(d)(1)
1203.4(d)(1): "Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days' notice of the petition for relief. The probation officer shall notify the prosecuting attorney when a petition is filed, pursuant to this section. (2) It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court." 1203.41(e)(1) and 1203.42(d)(1) each provide: "Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days' notice of the petition for relief."
Official 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
  • Backward version of the same 15-day notice requirement. Applies to 1203.4 (probation dismissal), 1203.41 (county jail / mandatory supervision), and 1203.42 (pre-realignment prison sentence now eligible for county jail). The statutes do not say whether the 15 days run from personal delivery or mailing, or whether CCP 1013 adds days for mail; the calculator counts from the date notice was given (served).
  • 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

Hearing (or ruling) date on the petition on Monday, March 15, 2027, personal service: due Friday, February 26, 2027.

  1. Trigger (Hearing (or ruling) date on the petition): Monday, March 15, 2027.
  2. Count back 15 calendar days: Sunday, February 28, 2027.
  3. That day is a Sunday. Counting backward, this calculator uses the earlier court day so the full notice period is preserved: Friday, February 26, 2027 (see Cal. Code Civ. Proc. 12c).

Unsettled points

  • When notice is mailed, the calculator adds 5 days (10 out of state): serve the prosecutor 20 days before the hearing, and the earliest grant is day 20.Other reading: If CCP 1013 does not apply, the service date is 5 days later and the earliest grant 5 days sooner.

Notes

Backward version of the same 15-day notice requirement. Applies to 1203.4 (probation dismissal), 1203.41 (county jail / mandatory supervision), and 1203.42 (pre-realignment prison sentence now eligible for county jail). The statutes do not say whether the 15 days run from personal delivery or mailing, or whether CCP 1013 adds days for mail; the calculator counts from the date notice was given (served).

Related deadlines

All California criminal deadlines

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.

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.