The criminal justice process doesn't always end at sentencing. For many individuals, the opportunity for justice continues through what is known as post-sentencing relief. Whether you’ve been convicted of a misdemeanor or a felony, post-sentencing relief may offer a pathway to correct injustices, reduce penalties, clean your record, or restore your civil rights.
At Flore Legal Allies, we help clients in San Diego and Los Angeles navigate these complex legal options. If you've already been sentenced, you may still have options—and this explains what they are and who qualifies.
What Is Post-Sentencing Relief?
Post-sentencing relief refers to legal remedies that a person can seek after a criminal conviction and sentence have been imposed. These are actions taken to reduce the consequences of a conviction or correct errors that occurred during the legal process.
Common forms of post-sentencing relief include:
- Appeals
- Expungement
- Certificates of Rehabilitation
- Habeas Corpus Petitions
- Commutation or Pardons
- Modification of Probation or Sentence
- Motion to Vacate Judgment
- Reclassification of Crimes (e.g., Prop 47 and Prop 64)
Each form of relief serves a different purpose, and eligibility depends on various factors such as the nature of the crime, the sentence served, behavior post-conviction, and changes in the law.
Why Does Post-Sentencing Relief Matter?
A conviction doesn’t just end at jail time or fines. It often lingers for years or decades, impacting a person’s ability to:
- Find employment
- Secure housing
- Apply for professional licenses
- Reunite with family (immigration)
- Vote or own firearms
- Move on from past mistakes
Post-sentencing relief provides people with a second chance to rebuild their lives. It also acknowledges that the criminal justice system isn’t perfect and that individuals can change.
Types of Post-Sentencing Relief in California
Let’s break down the most common types of post-conviction relief available to California residents:
1. Appeals
An appeal is a request to a higher court to review your trial for legal errors that may have affected the outcome. It doesn’t re-try the case but looks at how the law was applied.
Who qualifies:
Anyone convicted of a crime has the right to file an appeal, but there are strict deadlines and procedural rules.
Why it’s important:
If the appellate court finds that your rights were violated or the judge made a mistake, your conviction could be overturned or your sentence reduced.
2. Expungement (Penal Code § 1203.4)
Expungement is the process of clearing your record by allowing a plea to be withdrawn and the case dismissed. It doesn’t erase the conviction but updates it to show you were relieved from penalties.
Who qualifies:
- You completed probation successfully
- You are not currently charged with another crime
- You did not serve state prison time (with exceptions under Prop 47/64)
Why it’s important:
Expungement helps with job applications, housing, and licensing. It’s often the first step to putting a past mistake behind you.
3. Certificate of Rehabilitation
This is a court order declaring that a person with a felony conviction is rehabilitated. It is often used as a stepping stone to a Governor’s pardon.
Who qualifies:
- Must be a California resident
- Must wait 7–10 years depending on the crime
- Must not have reoffended
Why it’s important:
It restores certain rights and improves one’s public image, especially when applying for professional licenses or jobs.
4. Habeas Corpus Petitions
A writ of habeas corpus is a powerful legal tool that challenges the legality of your imprisonment. It’s often used when new evidence surfaces or constitutional violations are uncovered.
Who qualifies:
- People currently in custody or on probation/parole
- Must have a legal basis, such as ineffective assistance of counsel or newly discovered evidence
Why it’s important:
It can result in a new trial, reduced sentence, or even complete release.
5. Commutation and Pardons
These are forms of executive clemency. A commutation reduces the sentence, while a pardon forgives the conviction entirely.
Who qualifies:
Anyone convicted of a crime can apply to the Governor, though it's typically granted to those who have shown extraordinary rehabilitation.
Why it’s important:
Restores rights such as voting or owning firearms and can completely clear one’s record.
6. Sentence Modification or Recall (PC § 1172.1)
In some cases, a judge can recall or modify a sentence, especially if the original sentence was unfair or excessive.
Who qualifies:
- Those sentenced under old laws that have since changed
- Those who meet criteria for resentencing laws (e.g., SB 1437 for felony murder reform)
Why it’s important:
It can drastically shorten prison time or move someone into a diversion program.
7. Motion to Vacate Conviction (PC § 1473.7)
This motion allows a person to vacate a conviction if it was entered without proper understanding of immigration consequences, or if there was ineffective legal counsel.
Who qualifies:
- Often used by immigrants facing deportation due to old convictions
- No need to be in custody
- Why it’s important: Helps non-citizens avoid deportation or denial of naturalization.
Recent California Reforms That Affect Post-Sentencing Relief
California has passed several laws aimed at reducing the impact of past convictions:
- Proposition 47: Reclassified certain felonies (like drug possession) to misdemeanors
- Proposition 64: Legalized marijuana and allows old marijuana convictions to be dismissed or reduced
- SB 731 (2023): Allows automatic record sealing for nonviolent offenses after a period of time
At Flore Legal Allies, we stay updated on these changes to make sure our clients benefit from every available reform.
Who Should Consider Post-Sentencing Relief?
If you’re wondering whether you qualify, consider these signs that you might benefit from legal relief:
- You were convicted but believe your rights were violated
- You’ve completed your sentence or probation
- You want to improve job or housing opportunities
- You're facing immigration issues due to a conviction
- You’ve changed your life and want recognition of that growth
You don’t have to navigate this alone. Post-conviction relief is complex, and applying incorrectly or at the wrong time can result in denial. That’s why it’s essential to work with an experienced criminal defense attorney.
How Flore Legal Allies Can Help
At Flore Legal Allies, we believe in second chances and restoring dignity to those who’ve served their time. We take a compassionate yet strategic approach, carefully analyzing your case to identify every available opportunity for post-sentencing relief.
Here’s what we offer:
- A deep understanding of California’s evolving criminal laws
- Personalized strategy tailored to your background and goals
- Clear, simple communication—no legal jargon confusion
- Respectful guidance from start to finish
We know how overwhelming the legal system can be, especially after a conviction. But it’s not the end of the road—it’s a new beginning.
How We Can Help
If you or someone you love is seeking a second chance after a criminal conviction, Flore Legal Allies is here to help. Whether you're looking to clear your record, reduce your sentence, or protect your immigration status, our firm will stand with you—every step of the way.
Serving San Diego and Los Angeles, we’re more than defense attorneys—we’re allies in your fight for justice and peace of mind.
Reach out today for a confidential consultation and take the first step toward a better future.
