California Expungement Under PC 1203.4: What It Is and How It Can Help (Introduction)
A PC 1203.4 dismissal can turn a past conviction into a case the court now shows as “dismissed.” For many Californians, that shift removes hiring and licensing roadblocks, even though the record isn’t erased. According to the state’s civil rights agency, nearly one in three adults in California has an arrest or conviction record, so record relief isn’t niche—it’s normal. (calcivilrights.ca.gov)
A California “expungement” is technically a Petition for Dismissal under Penal Code 1203.4. If granted, the court lets you withdraw your plea or sets aside the guilty verdict, and then dismisses the case. That relief eases many “penalties and disabilities,” but it does not seal or destroy the record. (leginfo.legislature.ca.gov) If you’re just starting, the step‑by‑step explainers at the California Courts Self‑Help: Clean your record are the most practical place to begin.
Want a quick, human review of your situation? Write down your case number(s), conviction date(s), probation end date(s), and any unpaid fines. You’ll use this checklist in the next section.
Who Qualifies? PC 1203.4 Eligibility Requirements for a Clear Criminal Record in California
Most people who finished probation and aren’t currently on probation, parole, or facing new charges qualify to file. If you had no probation, you typically wait one year from conviction to apply. When you fully satisfied probation, the court “shall” grant dismissal; if you didn’t, the judge decides based on the interests of justice. (selfhelp.courts.ca.gov)
California now also provides “automatic record relief” in some cases. The Department of Justice reviews records monthly and may add a “relief granted” notation for eligible arrests and convictions under PC 851.93 and PC 1203.425. This is different from a court‑ordered dismissal, but it can stop certain records from being disclosed in fingerprint‑based checks. (oag.ca.gov)
For the statutory definition of a PC 1203.4 dismissal and its limits, see California Penal Code § 1203.4. (leginfo.legislature.ca.gov)
Are You Eligible Right Now? A Step-by-Step Eligibility Checklist
Use this fast checklist to confirm you can file today. Gather documents as you go.
- Completed probation? If yes, you’re on strong footing. If not, consider asking for early termination under PC 1203.3 before filing. (selfhelp.courts.ca.gov)
- No current supervision or open cases? You need to be off probation/parole and have no pending charges. (selfhelp.courts.ca.gov)
- No probation on this case? Wait at least one year from conviction (PC 1203.4a covers misdemeanors/infractions without probation). (california.public.law)
- Check offense eligibility. Make sure your conviction isn’t in the small list that PC 1203.4 excludes (see next section). (leginfo.legislature.ca.gov)
- Check for automatic relief. Some convictions/arrests are automatically notated “relief granted” by DOJ; you can still petition for added benefits. (oag.ca.gov)
- Collect proof. Certificates of completion, restitution payment proof, school/work letters, and clean driving/rap sheets help on “interests of justice.”
For a practical walkthrough of who qualifies, see Record cleaning: Misdemeanors. (selfhelp.courts.ca.gov)
What Cases Are NOT Eligible for a PC 1203.4 Dismissal in California
Most cases qualify, but some do not. PC 1203.4(b) excludes, among others, certain sex offenses against minors and specific obscenity offenses; it also excludes infractions and some traffic‑point offenses unless a judge finds dismissal serves justice. (leginfo.legislature.ca.gov)
In plain terms, you generally cannot use PC 1203.4 for: (a) violations of Penal Code 288, 288.5, 289(j), 286(c), 287(c) (or former 288a), (b) certain obscenity offenses (PC 311.1–311.3, 311.11), (c) statutory rape under PC 261.5(d), and (d) infractions. Related relief may exist under PC 1203.4a, PC 1203.41, or other statutes—talk with counsel if you’re near an edge case. (leginfo.legislature.ca.gov)
For the exact statutory list, review Penal Code § 1203.4. (leginfo.legislature.ca.gov)
Expungement vs. Record Sealing in California: Key Differences and Which One You Need
A 1203.4 “expungement” dismisses a conviction; sealing hides an arrest that didn’t lead to conviction. Dismissal updates the case to “dismissed,” but it doesn’t erase it. Sealing an arrest under PC 851.91 removes it from public view, with limited government exceptions. (selfhelp.courts.ca.gov)
If your case ended in no charges, dismissal, diversion completion, or not‑guilty, sealing may be the better route. If you were convicted and finished probation, a 1203.4 dismissal is usually the right tool. You can pursue both relief types in different matters if your history includes arrests and convictions. (selfhelp.courts.ca.gov)
Learn who qualifies to seal an arrest at Record cleaning: Arrest with no conviction. (selfhelp.courts.ca.gov)
Will an Expungement Help with Background Checks in California? What Employers and Licensing Boards See
Yes—dismissal helps many private‑sector background checks, and California has strong fair‑chance rules. Employers with 5+ employees generally can’t ask about conviction history until after a conditional offer, and they must run an individualized assessment—not blanket bans. (calcivilrights.ca.gov)
A 1203.4 dismissal also lets you answer “no” to most private employment questions about that conviction, but you must still disclose in applications for public office, state or local licenses, or California State Lottery contracts. Boards also follow Business & Professions Code 480, which limits license denials and bars denial “solely” for a conviction dismissed under 1203.4. (leginfo.legislature.ca.gov)
For hiring rules and applicant rights, see California’s Fair Chance Act guidance. Federal FCRA rights (notices, copies of reports, dispute rights) also apply when a third‑party screener is used. (ftc.gov)
How to File a Petition for Dismissal in California (PC 1203.4): Forms, Documents, and Where to File
Most people file two forms: CR‑180 (petition) and CR‑181 (order). File in the county where you were convicted; include any proof of completion and positive re‑entry records. (selfhelp.courts.ca.gov)
Serve the prosecuting agency and allow time: PC 1203.4 requires giving the DA at least 15 days’ notice. Many courts decide misdemeanor petitions without a hearing; felonies more often get one. Check your county’s site for filing windows or e‑filing. (leginfo.legislature.ca.gov)
Download the petition here: Petition for Dismissal (CR‑180). (selfhelp.courts.ca.gov)
What to include with your filing
Short personal statements, program certificates, clean driving abstracts (for DUI‑adjacent cases), and letters from employers or mentors can help “interests of justice” requests.
The Court Process: Timelines, Hearings, and What to Expect After You File
Expect weeks to a few months, depending on the county and case type. Some courts decide misdemeanor petitions “on the papers,” while felony cases often get a hearing date around 60–90 days out. (saccourt.ca.gov)
If the judge grants dismissal, the clerk updates the docket and signs CR‑181. If denied, ask what the court wants to see and re‑file with stronger proof. Track your case online where available or call the clerk if you don’t see movement after the posted decision date. (selfhelp.courts.ca.gov)
Check local practice here: Sacramento Superior Court expungement page (similar timelines exist statewide). (saccourt.ca.gov)
Timeline and Costs for California Expungement: Filing Fees, Fee Waivers, and How Long It Takes
Processing time is commonly 30–120 days; older files or felonies can take longer. Public defender FAQs estimate about one to four months, depending on backlog and whether a hearing is required. (sandiegocounty.gov)
Some counties charge an administrative fee; amounts vary. If you can’t afford costs, request a fee waiver using form FW‑001. Fee waivers cover filing and some service costs based on income or public benefits. (selfhelp.courts.ca.gov)
Apply here: Request to Waive Court Fees (FW‑001). (selfhelp.courts.ca.gov)
Special Situations: Probation Early Termination, Reducing Felonies to Misdemeanors, and Diversion
Early termination (PC 1203.3) can unlock dismissal sooner. Judges may end probation “in the interests of justice,” often after a solid period of compliance and restitution payment. (law.justia.com)
Reducing a “wobbler” felony to a misdemeanor (PC 17(b)) can improve licensing and employment outcomes and pairs well with a 1203.4 petition. Mental health diversion (PC 1001.36) can lead to dismissal and restricted access to the record if you qualify and complete treatment. (california.public.law)
Read the early‑termination statute here: PC 1203.3 (Justia). (law.justia.com)
Common Mistakes to Avoid When Seeking a California Criminal Record Expungement
Filing too early (while still on probation or with a new case) is the most common error. Confirm status in every case first. (selfhelp.courts.ca.gov)
Skipping service or paperwork sinks otherwise strong petitions—remember DA notice, attach proof of completion, and submit a proposed order (CR‑181). Overpromising outcomes can also backfire: a 1203.4 dismissal doesn’t restore gun rights, erase DMV actions, or exempt disclosures for public office or state licensing. (leginfo.legislature.ca.gov)
For a clear overview of options, start at California Courts Self‑Help: Clean your record. (selfhelp.courts.ca.gov)
When to Hire a California Expungement Attorney (and How to Choose One Near You)
Hire counsel when eligibility is close, your case involves multiple counties, or you’re applying for a professional license. An attorney can time a 17(b) reduction, seek early termination, assemble mitigation, and argue the “interests of justice.”
To find a vetted lawyer, use the State Bar’s referral network. You’ll get a low‑cost initial consult with a lawyer in good standing who handles post‑conviction relief.
What Happens After a PC 1203.4 Dismissal: Updating Records and Next Steps
After the judge signs CR‑181, keep certified copies. Share them with employers or boards if asked. Most private background companies update from court records, but under the FCRA you can dispute inaccuracies and request corrections if an old status appears. (selfhelp.courts.ca.gov)
If your case also qualifies for automatic record‑relief notation, DOJ and courts limit certain disclosures in fingerprint checks to what the law allows. For professional licenses, Business & Professions Code 480 generally bars denial based solely on a 1203.4‑dismissed conviction. (oag.ca.gov)
Get the order template here: Order for Dismissal (CR‑181). (selfhelp.courts.ca.gov)
Before you apply for jobs or licensing, update your resume and gather proof of rehabilitation (certificates, letters). Keep your CR‑181 handy so you can show “dismissed per PC 1203.4” if asked.
California Expungement FAQs: Quick Answers to the Most Common Questions
Will a 1203.4 dismissal erase my record? No. It changes the plea/verdict and dismisses the case, but it doesn’t seal or destroy records. Many private checks will show “dismissed,” which still helps, but law‑enforcement and some agencies will see more. (leginfo.legislature.ca.gov)
Do I have to disclose a dismissed case? For most private jobs, you may answer “no,” but you must disclose when applying for public office, for state or local licenses, or for California State Lottery contracts. Boards still must follow limits in BPC 480. (leginfo.legislature.ca.gov)
What if I never had probation? You can usually petition after one year under PC 1203.4a (misdemeanors/infractions). The process is similar and uses the same CR‑180/CR‑181 forms. (california.public.law)
Will dismissal fix a driver’s license suspension? No. 1203.4 doesn’t change DMV actions. You may need separate DMV relief or time‑based reinstatement. (sandiegocounty.gov)
Can a licensing board still ask about my history? Yes, but BPC 480 restricts denials and bars denying “solely” for a conviction dismissed under 1203.4. Many boards ask for proof of dismissal and rehabilitation. (law.justia.com)
For forms and filing, see CR‑180 Petition for Dismissal. (selfhelp.courts.ca.gov)
Ready to Check Your Eligibility? Book a Free Consultation
A California expungement under PC 1203.4 is often the fastest, most reliable way to move past an old mistake. When granted, your court record reads “dismissed,” and most private employers must consider you fairly under state and federal rules. That fresh start is real. (leginfo.legislature.ca.gov)
Take 30 minutes this week to pull your case info, confirm you’re off probation, and decide whether you’ll file now or ask for early termination first. Acting now helps you hit upcoming hiring cycles and licensing windows with stronger odds.
If you’re unsure where to file or what your local court requires, use the locator to find your courthouse: Find Your Court. Then file, follow up, and keep going.
