California Penal Code section 1203.4 is the primary statute for what most people call “expungement” of a criminal conviction. The statute allows a defendant who successfully completed probation to petition the court to withdraw the guilty plea or set aside the verdict, re-enter a not-guilty plea, and have the case dismissed. The technical result is a “dismissal,” not an erasure of the record, and the distinction has real consequences for immigration, firearm rights, and certain professional licensing.

Eligibility for PC 1203.4 dismissal

A petitioner is eligible if all of the following are true: (1) the conviction was for a misdemeanor or a wobbler/felony resolved by probation, not a state prison sentence; (2) probation was completed (or, in the discretion of the court, dismissed early under PC 1203.3); (3) the petitioner is not currently serving probation, parole, or charged with another offense; and (4) all fines, restitution, and probation conditions have been satisfied.

Some offenses are categorically ineligible under PC 1203.4(b), including most certain enumerated offenses involving minors, PC 288, PC 288.5, PC 289(j)), certain traffic offenses (VC 42001(c)), and a handful of other enumerated categories. Vehicle Code DUI convictions are eligible for PC 1203.4 dismissal in the same manner as Penal Code offenses.

What PC 1203.4 dismissal does

A successful PC 1203.4 petition produces these effects:

Withdrawal of plea. The court allows the defendant to withdraw the guilty plea (or set aside the guilty verdict) and re-enter a not-guilty plea.

Dismissal of the action. The court dismisses the case.

Disclosure relief on private employment applications. Under PC 1203.4(a)(1), the defendant is “released from all penalties and disabilities resulting from the offense” with limited exceptions. For most private-sector job applications, the defendant can lawfully answer “no” to whether they have been convicted of a crime, except where a license or government job application specifically requires disclosure of expunged convictions.

What PC 1203.4 dismissal does NOT do

This is where most petitioners are surprised. PC 1203.4 dismissal does NOT:

Erase the record. The underlying criminal record remains accessible to law enforcement, courts, and certain background check sources. A dismissed case is reported as “dismissed” rather than as a conviction, but the case itself is still visible.

Restore firearm rights. A PC 1203.4 dismissal does NOT restore the right to own, possess, purchase, or receive a firearm under California or federal law if the original conviction triggered a firearm prohibition (most felony convictions, and certain misdemeanor convictions involving domestic violence under federal Lautenberg).

Help with most immigration consequences. Federal immigration law applies its own analysis. Matter of Pickering and related Board of Immigration Appeals decisions establish that PC 1203.4 dismissal generally does NOT eliminate the immigration consequences of a conviction. Non-citizens with serious immigration concerns should consult an immigration attorney and consider vacatur under PC 1473.7 instead, which has more favorable immigration treatment if the conviction was constitutionally invalid.

Avoid disclosure to government employers or for licensure. The “released from penalties” language in PC 1203.4(a)(1) has explicit exceptions for state and government employment applications, professional license applications, and applications to hold public office. Disclosure is generally required for those purposes.

Strike priors. A PC 1203.4 dismissal can still be used as a strike prior, an enhancement prior, or for impeachment purposes in any subsequent criminal proceeding.

Procedure for filing a PC 1203.4 petition

The petition is filed in the original sentencing court using Judicial Council Form CR-180 (Petition for Dismissal) and CR-181 (Order for Dismissal). The court typically gives the prosecution 15 to 30 days to respond. Most uncontested petitions are granted on the papers without a hearing. Contested petitions or petitions involving discretionary categories under PC 1203.4(b) may require a hearing.

For probation completed early under PC 1203.3, the PC 1203.4 petition can be filed concurrently or shortly after. For ineligible categories, alternative relief (PC 17(b) reduction for wobblers, PC 1473.7 vacatur for constitutional defects, certificate of rehabilitation under PC 4852.01) may be available.

PC 1203.4 vs. PC 1203.4a

PC 1203.4 applies to defendants who received probation. PC 1203.4a applies to defendants who received a jail sentence or a fine only (no probation grant) and is treated separately. A defendant who was sentenced to county jail without probation and completed the sentence is eligible under PC 1203.4a after a one-year wait. See the PC § 1203.4a page for the specifics.

Felony reduction first (PC 17(b))

For wobbler felony convictions resolved by probation, the recommended approach is usually to first reduce the felony to a misdemeanor under PC 17(b), then seek PC 1203.4 dismissal of the now-misdemeanor. The combination provides stronger collateral relief than dismissal alone. The PC 17(b) motion is filed in the original sentencing court and is granted in the court’s discretion based on the underlying conduct, the defendant’s rehabilitation, and the interests of justice.

The Law Office of Zak Fisher is a Los Angeles criminal defense practice. This page is general legal information about California Penal Code § 1203.4, not legal advice for any specific matter. Immigration consequences of criminal convictions are complex and require consultation with an immigration attorney. Past results do not guarantee a similar outcome in your case. No attorney-client relationship is formed without a signed engagement letter. Attorney Advertising. Zak Fisher, Esq., California Bar No. 332712.

More Criminal Defense Resources

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Constitutional Defense in California: how the Bill of Rights actually works in your case.
First Amendment Defense: criminal threats (PC 422), protest arrests, recording police.
Fourth Amendment Defense: searches, seizures, motions to suppress under PC 1538.5.
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Frequently asked questions

Who qualifies for expungement under PC 1203.4?

Anyone who completed probation successfully, was not sentenced to state prison, and is not currently charged with a new offense. Some Penal Code sections involving minors are statutorily excluded.

What does expungement actually do?

It allows you to answer no to questions about criminal convictions on most private employment applications. The court withdraws the guilty plea, enters a not-guilty plea, and dismisses the case.

How long does the process take?

Filing to ruling is typically 30 to 90 days in most LA County courthouses. The court must give the prosecution time to respond, then either rules on the papers or schedules a hearing.

What if I am still on probation?

Early termination of probation under PC § 1203.3 is often a precursor to expungement. We can file both motions in tandem, asking the court to terminate probation and dismiss the case in one proceeding.

Does expungement help with employment background checks?

For most private employers, yes. The Labor Code prohibits private employers from asking about expunged convictions on a job application. Law enforcement, public office, and state-licensed jobs are exceptions.

Penal Code § 1203.4: Expungement (Dismissal After Probation)