Penal Code § 1203.4a: Misdemeanor Dismissal (No Probation)

California Penal Code section 1203.4a covers a narrower path to misdemeanor case dismissal: cases where the defendant was sentenced to a fine, county jail, or both, WITHOUT a grant of probation. PC 1203.4a is the companion statute to PC 1203.4, which covers probation cases. The two are similar in effect but differ in eligibility, waiting periods, and procedure.

Who PC 1203.4a applies to

PC 1203.4a applies to defendants convicted of misdemeanors (and certain infractions) who:

Did not receive probation. If the sentence was a fine only, jail only, or fine plus jail, without a grant of probation, PC 1203.4a is the applicable statute. Most county jail “flat” sentences and many traffic-related misdemeanor sentences fall here.

Have fulfilled all conditions of the sentence. Any jail time has been completed, all fines and assessments have been paid, and the defendant is not currently charged with or serving sentence on another offense.

Have waited the required time. Most PC 1203.4a petitions require a one-year wait from the date the sentence is fully completed (jail discharged, fines paid). Certain offense categories have longer waits.

Felony convictions are not eligible under PC 1203.4a; the felony path is separate (PC 17(b) reduction followed by PC 1203.4, or a certificate of rehabilitation under PC 4852.01).

The one-year wait calculation

The one-year clock starts running on the date the sentence is fully completed. If a defendant was sentenced to a fine only and paid the fine the same day, the clock starts the day of payment. If a defendant served a jail term, the clock starts the day of release plus the day fines are paid. The defendant must remain conviction-free during the one-year wait. A new conviction during the wait restarts the clock or may eliminate eligibility depending on the new charge.

What PC 1203.4a dismissal does

The effects parallel PC 1203.4:

Set aside the verdict or withdraw the plea. The court allows the defendant to withdraw the guilty plea or set aside the guilty verdict, re-enter a not-guilty plea, and have the case dismissed.

Disclosure relief on private employment applications. The defendant can lawfully answer “no” on most private job applications regarding the underlying conviction (with the same exceptions for licensing, government jobs, and public office).

“Released from penalties and disabilities.” The same statutory language as PC 1203.4 applies.

What PC 1203.4a dismissal does NOT do

Same limits as PC 1203.4:

No firearm rights restoration. No immigration relief in most cases (federal analysis applies). No erasure of the underlying record. Strike priors and impeachment use remain available. State/government job and licensing applications still typically require disclosure.

Procedure

The petition is filed on Judicial Council Form CR-180 (the same form as PC 1203.4, with the appropriate boxes checked). The order form is CR-181. Most petitions are granted on the papers; contested petitions may require a hearing. Filing fees are typically waived for indigent petitioners under PC 1203.4a(f), and the court has discretion to grant fee waivers under the standard fee waiver process.

PC 1203.4a after a DUI

A DUI conviction where the defendant served the sentence without probation (sometimes called a “flat-time” DUI) is eligible for PC 1203.4a dismissal after the one-year wait. The dismissal does NOT clear the prior for purposes of a subsequent DUI charge (DUI priors look back 10 years under VC 23540 and following), but it can clean up the public-facing record and aid in private employment applications.

Combining PC 1203.4a with sealing

For arrests that did not result in conviction or that resulted in factual innocence findings, PC 851.91 (arrest record sealing) and PC 851.8 (factual innocence) are separate statutes that provide stronger relief than PC 1203.4a. A PC 851.91 sealing prohibits law enforcement from disclosing the arrest record except in limited circumstances. Where eligibility exists for sealing, that path generally provides stronger relief than PC 1203.4a alone.

Related pages

• Expungement and Record Sealing Overview
• PC § 1203.4 Expungement (after probation)
• Criminal Defense FAQ

The Law Office of Zak Fisher is a Los Angeles criminal defense practice. This page is general legal information about California Penal Code § 1203.4a, not legal advice for any specific matter. 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.