Erik and Lyle Menendez will ask a judge on Monday to reconsider their convictions for murdering their parents in 1989.
The case became a huge media sensation after they killed their parents, Jose and Kitty Menendez, in the family's Beverly Hills home.
The pair were given life without parole and their lawyers are now asking a judge in Van Nuys, California, to change their sentence.
Defense attorney Mark Geragos has said he will ask the judge to lower the charge to voluntary manslaughter. That would allow for their immediate release if approved by a parole board.
The district attorney does not oppose the request but has recognized that others in his office may feel differently.
The brothers are expected to attend the hearing by video link from their prison in San Diego, California.
There are only 16 public seats in the courtroom and a lottery for places will be held outside the Van Nuys courtroom shortly before the hearing.
California Governor Gavin Newsom previously declined to grant the brothers clemency. Newsom deferred a review of the case to newly elected District Attorney Nathan Hochman, who will be sworn into office on December 2.
Los Angeles County District Attorney George Gascón has filed a petition to resentence the brothers—now 53 and 56, respectively—which would allow them to apply for parole for the first time. On October 24, Gascón said they had "paid their debt to society."
The brothers gunned down their parents, Jose and Kitty Menendez, with 14 shots as the couple sat watching TV in the den of their Beverly Hills home on August 20, 1989. Erik, then 18, and Lyle, then 21, admitted they shot their entertainment executive father and their mother, but said they feared their parents were about to kill them to prevent the disclosure of the father's alleged long-term sexual molestation of Erik.
The California Department of Corrections and Rehabilitation said in a statement on October 25 that it would be at least six months between a judge's approval and a parole hearing.
"If an inmate is resentenced to life with the possibility of parole, the hearing before the parole board is scheduled for no earlier than six months out, as required by notice provisions and other mandates that must be fulfilled before a hearing," the department's statement reads.
Jose Menendez was a wealthy music executive and he and his wife, Kitty, had a fortune of about $15 million.
The brothers allegedly wanted their inheritance and decided to kill their parents and stage a robbery.
After a jury could not reach a decision on whether the Menendez brothers were guilty of murder, it went to a retrial and they were convicted in 1996 and sentenced to life in prison without parole.
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