Did the Menendez Brothers Get Out of Prison? What Really Happened

The short answer is no. Lyle and Erik Menendez are still behind bars as of early 2026.

If you’ve been scrolling through TikTok or saw the headlines about their sentences being slashed, you might think they’re already home. It’s confusing. Honestly, the legal roller coaster they’ve been on since late 2024 has been enough to give anyone whiplash. One minute there’s a recommendation for release, and the next, a new District Attorney is throwing up roadblocks.

Basically, while the door to their cell is finally unlocked, they haven't walked through it yet.

The Resentencing That Changed Everything

For thirty years, the "Life Without Parole" label on their files meant exactly that. Zero hope. But in May 2025, a Los Angeles Superior Court judge named Michael Jesic changed the game. He vacated those original sentences.

He didn't just let them out, though.

Instead, he resentenced them to 50 years to life. Because of California’s "youthful offender" laws—since they were both under 26 when they killed Jose and Kitty Menendez—this new sentence made them eligible for parole immediately.

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The courtroom was emotional. Family members who have spent decades fighting for the brothers' release were in tears. It felt like the finish line. But in the world of high-profile criminal law, the finish line usually has a few extra miles of red tape attached to it.

Why They Haven't Come Home Yet

You might be wondering: if they are eligible for parole, why are they still at the Richard J. Donovan Correctional Facility in San Diego?

The reality of the California parole system is slow. Painfully slow.

In August 2025, both brothers had their first real crack at freedom. They appeared before a panel of state commissioners. Everyone expected a "yes," especially with the public support and the surge of interest from the Netflix Monsters series.

It was a no. Specifically, the board denied Erik’s release first. A day later, they did the same to Lyle.

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The reasons? Kinda complicated. The commissioners pointed to "rule violations" during their decades in prison and suggested that they hadn't fully "come clean" or taken complete responsibility for the murders. It was a crushing blow for their legal team, led by Mark Geragos.

• Lyle Menendez: Denied parole in August 2025. He has to wait three years before he can try again, though his lawyers are already trying to appeal that wait time.
• Erik Menendez: Also denied in August 2025. Like his brother, he’s looking at a three-year window before his next formal suitability hearing.

The "Governor Factor" and the New DA

Politics plays a massive role here.

When George Gascón was the District Attorney, he was the one pushing hard to get the brothers out. Then came the election. Nathan Hochman took over the office, and he hasn't been nearly as enthusiastic. Hochman has basically said, "Not yet." He wants more review. He wants more "accountability."

Then there’s Governor Gavin Newsom.

The brothers have a clemency petition sitting on his desk. He could sign a piece of paper today and they’d be home for dinner. But Newsom is in a tough spot. He’s looking at future political runs, and releasing two of the most famous convicted killers in American history—even with the abuse allegations—is a massive political risk.

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In late 2025, Newsom deferred his decision. He’s basically waiting to see how the parole board and the courts handle it so he doesn't have to be the one to make the final, controversial call.

What Most People Get Wrong About the "New Evidence"

Social media is full of people saying the "Menudo letter" or the Roy Rosselló allegations proved the brothers were telling the truth about the sexual abuse.

While that evidence is why the case was reopened, it didn't automatically overturn the murder convictions. The judge in September 2025 actually rejected their "habeas petition"—which was their attempt to get a totally new trial or have their convictions changed to manslaughter.

So, in the eyes of the law, they are still murderers. Just murderers who have served enough time to maybe deserve a second chance.

What’s Next for the Brothers?

If you’re following this closely, don't expect a sudden release in the next few weeks. The path forward is narrow:

1. Legal Appeals: Their team is fighting the parole board's denial. They’re arguing that the "rule violations" cited were minor and shouldn't outweigh 35 years of rehabilitation and college degrees.
2. Clemency: They are still hoping Governor Newsom finds the political courage to grant them a commutation.
3. 2028? If those fail, their next scheduled parole hearings wouldn't happen until 2028.

The Menendez brothers are closer to freedom than they have ever been, but the gates of Donovan are still very much closed. If you want to stay updated, keep a close eye on the California Board of Parole Hearings calendar for any "extraordinary" sessions, as that's where the next real movement will happen.

Actionable Reality Check

If you are following this case for updates, stay away from "breaking news" TikToks that don't cite a specific court filing. The best way to track their actual status is through the California Department of Corrections (CDCR) inmate locator. If their "Parole Eligible Date" changes or their location moves from Richard J. Donovan, that is your first real sign that something has actually happened. Until then, any headline saying "They're Out!" is just clickbait.