Can you clear a criminal record in California? Dismissal under Penal Code 1203.4

California does not erase a conviction, but Penal Code § 1203.4 lets a court allow a person who finished probation to withdraw the plea and have the case dismissed, releasing them from most penalties and disabilities of the conviction. Similar relief exists for misdemeanors without probation (§ 1203.4a) and some felony jail and prison sentences (§ 1203.41). A dismissal does not restore gun rights, and the conviction must still be disclosed when an application for public office or a state or local license asks directly.

People call it "expungement", but the California courts' own self-help guide says that true expungement does not exist in California; what exists are several ways to reduce the effect of a record. This page explains the main one, dismissal under § 1203.4, along with the related petitions, who qualifies, what a dismissal does and does not do, and how the process works in the Orange County courts. It is one of the guides under the firm's criminal defense and family law practice areas.

How a dismissal under § 1203.4 works, step by step

1. Check eligibility. Relief is available when the person has fulfilled the conditions of probation for the entire period, was discharged early, or when the court decides in the interest of justice that relief should be granted. The person must not be serving a sentence, on probation, or charged with an offense at the time (§ 1203.4(a)(1)).
2. Find the case details. The Orange County court tells applicants to start by learning exactly what is on their record, so they can choose the right petition.
3. Prepare the forms. In Orange County, the dismissal petition is form CR-180 (Petition for Dismissal) with the proposed order on form CR-181. A felony that can be reduced to a misdemeanor under § 17(b) can ask for the reduction and the dismissal on the same form, CR-180.
4. Notice to the prosecutor. Relief cannot be granted unless the prosecuting attorney has had 15 days' notice of the petition (§ 1203.4(d)(1)). If the prosecutor gets notice and does not appear and object, it may not later challenge the grant (§ 1203.4(e)).
5. The decision. If the petition is granted, the plea is withdrawn (or the guilty verdict set aside) and the court dismisses the case (§ 1203.4(a)(1)). An unpaid restitution order or restitution fine cannot be a reason to deny the petition (§ 1203.4(c)(3)).
6. Afterward. The person is released from penalties and disabilities of the offense, with the exceptions listed in the statute and described below.

What a dismissal does, and what it does not

A granted petition releases the person "from all penalties and disabilities resulting from the offense", with exceptions (§ 1203.4(a)(1)). The Orange County court's own page explains the practical effect for most job applications: some convictions can be modified so that the person can legally indicate they were not convicted of that crime.

The limits matter just as much. The prior conviction can still be pleaded and proved in any later prosecution, as if it had not been dismissed. The order must state that it does not relieve the person of the duty to disclose the conviction in response to a direct question on an application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission (§ 1203.4(a)(1)). A dismissal does not restore the right to own or possess a firearm (§ 1203.4(a)(2)); the page on weapon and firearm charges explains those bans. It does not allow a person barred from public office to hold it (§ 1203.4(a)(3)). And it does not end an unexpired criminal protective order issued under the sections the statute lists, including orders after domestic violence and stalking convictions, which stays in effect until it expires or the court changes it (§ 1203.4(a)(4)); the page on criminal protective orders covers those orders.

What changes the answer?

• Probation or not. With probation, § 1203.4 applies once probation is complete or discharged; without probation, § 1203.4a applies one year after judgment if the sentence was fully performed (§ 1203.4a(a)).
• Probation violations. The court may still grant relief "in the interest of justice" (§ 1203.4(a)(1)). The Orange County court notes that a misdemeanor where probation was violated, and certain felonies, can use the § 17(b) petition.
• Felony or misdemeanor. A wobbler felony can be reduced to a misdemeanor when the court grants probation and declares it a misdemeanor, or on application afterward (§ 17(b)(3)). The Orange County court page says this route is for felonies where the person was not sentenced to state prison.
• Excluded convictions. Section 1203.4 does not apply to misdemeanors under Vehicle Code § 42002.1, certain sex offenses listed in § 1203.4(b), a felony under § 261.5(d), or infractions; § 1203.4a covers infractions separately.
• DUI and the DMV. The release from penalties excepts Vehicle Code § 13555, a DMV provision, so a dismissal may not undo license consequences tied to the conviction; DMV deadlines after an arrest are explained on the page about the 10-day DMV deadline.
• Drug cases. Completing pretrial diversion under § 1000 et seq. means the arrest is deemed never to have occurred (§ 1000.4(a)). Drug charges are covered on the page about drug charges in California.
• Theft priors. Since Proposition 36, prior theft convictions can raise a new petty theft or shoplifting to a felony (§ 666.1), and a dismissed prior can still be pleaded and proved in a later case (§ 1203.4(a)(1)). See the page on theft and fraud charges in California.
• Citizenship. The California courts' self-help guide warns that court involvement can be more complicated for non-citizens and may affect legal status. This office does not give immigration advice; a separate immigration attorney should review any petition.

A worked example

For example, imagine a nurse in Laguna Niguel who came to the United States from Iran as a student. This is a hypothetical, not a real client. In 2019 she pleaded guilty to petty theft from a store, received probation, and completed it without problems. She now wants to apply for a new job, and she is also preparing to apply for U.S. citizenship.

Because she fulfilled probation, she can petition under § 1203.4 on form CR-180 with the proposed order on CR-181. Her case was heard at the Harbor Justice Center, which hears Laguna Niguel misdemeanors. The prosecutor must receive 15 days' notice (§ 1203.4(d)(1)). If the petition is granted, the plea is withdrawn and the case dismissed. For most job applications, the Orange County court explains, she can then legally indicate that she was not convicted of that crime.

Two limits apply to her directly. As a nurse, she still has to disclose the conviction if a state licensing application asks directly (§ 1203.4(a)(1)). And for her citizenship application, a state dismissal is not the end of the analysis; she should speak with a separate immigration attorney before filing anything, since this office does not give immigration advice. If her documents from her student years are in Persian, translations help her attorney review them. To learn who would handle her petition, read about Sourena Sarbazevatan.

Common mistakes with record dismissals

• Assuming the record disappears. The court's self-help guide says true expungement does not exist in California; the dismissal changes the record's effect, not its existence.
• Not disclosing on a license application. The duty to disclose to state and local licensing agencies remains (§ 1203.4(a)(1)).
• Buying a gun after a dismissal. A dismissal does not restore firearm rights (§ 1203.4(a)(2)).
• Waiting because restitution is unpaid. Unpaid restitution cannot be the reason to deny the petition (§ 1203.4(c)(3)).
• Filing the wrong petition. Probation, no probation, felony jail or prison sentence and wobbler reduction each have their own route.
• Ignoring immigration questions. Non-citizens should get immigration advice from a separate attorney before relying on a dismissal.

What to do this week

1. Get the case number, the charge, the sentence and the probation dates for each conviction.
2. Confirm that probation, fines and classes are complete, or note what remains.
3. Decide which route fits: § 1203.4, § 1203.4a, § 1203.41 or § 17(b).
4. Prepare the petition (form CR-180 and order CR-181 for § 1203.4) for the court that heard the case.
5. Serve the prosecutor and allow the 15-day notice period (§ 1203.4(d)(1)).
6. If you are not a U.S. citizen, have a separate immigration attorney review the plan first.

For readers still in the early stage of a case, the steps after an arrest are explained on the page about what happens between arrest and arraignment in Orange County.

Frequently asked questions

Is "expungement" the right word in California?

Not exactly. The California courts' self-help guide says true expungement does not exist in California. What § 1203.4 provides is a dismissal after the plea is withdrawn, with the limits the statute lists.

Do I have to finish probation first?

Yes, or have been discharged early. The court may also grant relief in the interest of justice (§ 1203.4(a)(1)), for example when probation was violated.

Can I clear a misdemeanor if I never had probation?

Yes, under § 1203.4a, one year after judgment, if you fully completed the sentence, are not serving another sentence or facing charges, and have since obeyed the law (§ 1203.4a(a)).

Will a dismissal let me own a gun again?

No. Section 1203.4(a)(2) says dismissal does not permit a person to own, possess or control a firearm.

Is there automatic record relief?

Since October 1, 2024, and subject to budget funding, the Department of Justice reviews state records monthly to identify convictions eligible for automatic relief under § 1203.425, for people who meet its conditions.

Where can I get help in Orange County?

The Orange County court lists its Self-Help Center and the Orange County Public Defender's Clean Slate Program as places to get help with record cleaning.

Will the prosecutor be told?

Yes. The prosecuting attorney must get 15 days' notice of the petition before relief is granted (§ 1203.4(d)(1)).

The Law Office of Sourena Sarbazevatan represents people in Orange County and San Diego in record dismissal and criminal defense matters, in English and Persian (Farsi). Call (949) 591-9596 or use the contact page.