California PC 1203.4 Expungement Attorneys

Reviewed: May 15, 2026

Penal Code § 1203.4 is California's primary expungement statute. It allows the court to dismiss a conviction — and withdraw the plea or verdict — after the petitioner successfully completes probation (or if probation is terminated early by the court). A PC 1203.4 dismissal does not erase the conviction from state records, but it removes the obligation to disclose the conviction on most private-sector job applications and significantly reduces the barriers a criminal record creates.

At a glance

✓ Applies to probation-completed felony and misdemeanor convictions
✓ Court enters a dismissal — not a full erasure of the record
✓ Private employers generally cannot use the dismissed conviction under California law
✓ Still must disclose for government jobs, professional licenses, and immigration
✓ AB 1076 created automatic relief for many eligible records starting in 2023

Important: This page provides general legal information about expungement and record sealing laws. It is not legal advice for your specific situation. Eligibility rules vary by state, county, and individual circumstances. Always consult a licensed attorney before taking any legal action.

Who qualifies?

You may petition for a PC 1203.4 dismissal if: (1) you were granted probation and completed it, or the court terminated probation early; (2) you complied with all terms of probation; (3) you did not serve time in state prison (defendants sentenced to county jail under Realignment — AB 109 — may still be eligible); and (4) the offense is not listed among the disqualifying categories (certain sex offenses, Vehicle Code violations, and crimes involving minors).

If you were convicted without probation, PC 1203.4a provides similar relief for misdemeanor convictions after one year has passed.

What the dismissal does and doesn't do

After a PC 1203.4 dismissal, you may truthfully answer "no conviction" on private-sector job applications that do not specifically ask about dismissed cases. The record still appears on background checks and must be disclosed when applying for government jobs, law enforcement positions, professional licenses, public office, and some federally regulated employment.

A PC 1203.4 dismissal does not restore firearm rights lost due to a felony conviction, remove a sex-offender registration requirement, relieve the obligation to disclose the conviction in immigration proceedings, or prevent use of the conviction as a prior in subsequent prosecutions.

The petition process

The petition is filed in the superior court where the conviction occurred. The petitioner (or attorney) presents evidence of probation completion and compliance. The court has discretion to grant or deny the petition. Prosecutors may oppose the petition; courts generally grant petitions when probation was properly completed.

AB 1076 (effective January 2023) created a system of automatic relief — the California DOJ began sending eligible convictions for automatic dismissal without a petition. Not all cases are covered; a petition is still needed where automatic relief has not yet been granted.

Cost and timing

Court filing fees vary by county, typically $100 to $150. For low-income petitioners, filing fees may be waived using form FW-001. Attorney fees range widely depending on case complexity. Most uncontested petitions are decided within 30 to 90 days of filing.

How to file a California PC 1203.4 expungement petition

Obtain your criminal record. Request a copy of your criminal history from the California DOJ (Live Scan or mail-in form BCIA 8705) to confirm the exact charges and case numbers.
Verify probation completion. Confirm with the probation department or court records that all terms of probation were satisfied and no violations are outstanding.
Check for automatic relief under AB 1076. Contact the court where the conviction occurred to check whether the DOJ has already automatically dismissed the conviction.
Prepare the Petition for Dismissal (CR-180). Draft the petition with the case number, conviction details, and probation completion evidence.
File in superior court. File the petition in the superior court for the county where you were convicted. Pay the filing fee or submit a fee waiver application (FW-001).
Serve the district attorney. Serve the prosecutor's office with a copy of the petition. The DA may or may not oppose.
Attend the hearing. Appear at the hearing (or confirm the court will decide on papers). Be prepared to address any DA opposition.
Verify record update with DOJ. Request another DOJ criminal history report 60–90 days after the order to confirm the record has been updated.

Statutes cited

California Penal Code § 1203.4 (Dismissal after probation) — Cal. Pen. Code § 1203.4
California Penal Code § 1203.4a (Misdemeanor dismissal without probation) — Cal. Pen. Code § 1203.4a
California Penal Code § 17(b) (Felony wobbler reduction) — Cal. Pen. Code § 17(b)

Frequently asked questions

Does PC 1203.4 expunge a felony?

Yes. PC 1203.4 applies to both misdemeanor and felony convictions where probation was granted. After dismissal, a felony may also be reduced to a misdemeanor under PC 17(b) if it was a "wobbler" offense.

What if I violated probation?

A probation violation does not automatically disqualify you. The court has discretion to grant the dismissal if the violation was minor or the circumstances warrant relief. An attorney can assess your specific situation.

Does it show up on a background check?

The dismissed record still appears on background checks with a notation that it was dismissed under PC 1203.4. Under California law, FCRA-compliant background check vendors generally cannot report a dismissed conviction for private employment.

Can I expunge a DUI?

Most DUI convictions are eligible for PC 1203.4 dismissal after probation is completed. A dismissed DUI may still be counted as a prior offense in future DUI prosecutions and must still be disclosed for DMV licensing purposes.

I was sentenced to state prison — am I eligible?

State prison sentences generally disqualify you from PC 1203.4, but defendants sentenced to county jail under AB 109 Realignment (after October 2011) may still qualify. SB 731 may provide automatic sealing for some state prison cases — an attorney can advise.

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