Use a case-specific petition or application, serve the Kings County District Attorney, and file proof of service. Kings Superior Court local rule 509 prefers its optional form for relief under Penal Code section 1170.18 and calls for a separate form for each criminal case. A properly formatted motion or petition can also be used; an informal letter or note asking for relief may not be forwarded for a judge’s decision. The rule provides for a decision after the prosecutor’s response period; hearing requirements also depend on the statutory request.
Identify which request fits the sentence history
Penal Code section 1170.18 has two main paths. A person serving a sentence on November 5, 2014 for a qualifying felony can petition the sentencing court for recall and resentencing under subdivision (a). A person who completed the sentence for a qualifying felony can apply to have the conviction designated a misdemeanor under subdivision (f). The conviction, sentence status and offense must fit the statute; a theft or drug label alone does not establish eligibility. Some prior convictions bar this relief, and a resentencing decision has an additional public-safety analysis. Ask counsel to compare the actual judgment, charge statute and sentence record with the current law before selecting a form.
An old general filing deadline no longer applies to ordinary section 1170.18 petitions and applications: the Legislature removed it in 2023. That change does not create eligibility or remove other procedural issues. A separate special deadline remains in subdivision (o) for a person committed to a state hospital after a not-guilty-by-reason-of-insanity finding; that is a different request requiring individual advice. (Current § 1170.18; Judicial Council summary of SB 749)
Follow the Kings County filing sequence
Rule 509 says to use a separate form for each criminal case. Include the case number, qualifying conviction and requested relief; check whether you are asking for a new sentence or a misdemeanor designation. File the signed papers with the court that entered the judgment, using the clerk’s current filing instructions. Do not assume Kings County’s civil electronic-filing notice applies to a criminal petition. (Kings local rule 509; Kings forms and filings)
The rule directs that a copy be served on the Kings County District Attorney and proof of service filed. It gives the prosecutor 30 days to respond. After a response arrives or that period passes, the court may grant or deny the request without a hearing, or the clerk may set a hearing. Track the docket and keep the signed order. Do not treat a missing hearing date as approval or assume the prosecutor’s response controls the judge’s decision. (Kings local rule 509)
For a completed-sentence application under subdivision (f), section 1170.18(h) says a hearing is unnecessary unless the applicant requests one. If you want a hearing, discuss making that request expressly in the application. A local rule’s no-hearing option should not be read to eliminate that statutory qualification. (Penal Code § 1170.18(h))
If a felony is designated a misdemeanor, section 1170.18 says it is a misdemeanor for many state-law purposes, but the section expressly does not restore firearm possession rights. Other consequences, including federal immigration treatment, need review from the conviction and final order. For help identifying the right request and preserving the court’s decision, contact the Law Offices of David S. Chesley at (800) 755-5174. Our Hanford criminal defense page provides related service information.