PC 1203.4 eligibility: can I expunge my conviction?

California Penal Code 1203.4 lets the court dismiss a conviction after probation. Here is a plain-English checklist of who generally qualifies, plus the options that may still be available if you don’t.

You may qualify for PC 1203.4 if…

• You were given probation (formal or informal/“summary”) for the conviction.
• You completed probation, or the court ended it early.
• You aren’t currently on probation for another offense, serving a sentence, or facing pending criminal charges.
• You weren’t sentenced to state prison for that conviction. (See below if you were.)
• The offense isn’t excluded. Certain sex offenses, mostly involving minors, and a few Vehicle Code offenses can’t be dismissed under 1203.4.

What if I violated probation or didn’t finish it?

You may still have options. If you completed probation, a dismissal is generally granted as a matter of right. If you had a violation or didn’t finish, the judge can still grant a dismissal “in the interests of justice”. It isn’t automatic, but it’s often worth asking. If you’re still on probation, it may be possible to ask the court to end probation early (PC 1203.3) and dismiss the case at the same time.

What if I still owe fines or restitution?

Unpaid fines, fees, or restitution don’t automatically prevent a dismissal, but the judge can consider them. Restitution you owe to a victim is still owed after a dismissal.

Other options if 1203.4 isn’t a fit

• PC 1203.4a covers misdemeanors and infractions where you weren’t given probation. It’s generally available about one year after sentencing if you completed the sentence and have stayed out of trouble.
• PC 1203.41 may allow a dismissal for many felonies served in county jail under realignment, and, since 2023, for many state prison sentences, generally two years after the sentence is completed. It’s up to the judge.
• PC 17(b) can reduce some “wobbler” felonies to misdemeanors, often together with a dismissal.
• Prop 47 can redesignate certain older drug-possession and lower-value theft felonies as misdemeanors.
• PC 851.91 can seal an arrest that didn’t lead to a conviction.
• A certificate of rehabilitation may be available to some people who served state prison time.
• Automatic relief under California’s “Clean Slate” laws (PC 1203.425 and 851.93) may already cover some cases, but many cases aren’t included.

What a dismissal does, and doesn’t do

A dismissal releases you from most penalties and disabilities of the conviction. For most private jobs, you can lawfully say you haven’t been convicted of that offense. It doesn’t destroy the record. The conviction can still count as a prior if you’re charged again, and you still have to disclose it for some government jobs and licenses. It doesn’t restore firearm rights or end a sex-offender registration requirement. Non-citizens should talk to an immigration attorney before filing. More in our FAQ.

How we check eligibility

Fill out the short eligibility form with general information about your case. You don’t need your paperwork yet. We’ll review it for free and email you about which options may fit. For Shasta County cases, see how the process works in Shasta County Superior Court.

Common questions

How long after probation ends can I file?

You can generally file as soon as probation is over, whether it ended on its normal date or the court ended it early. For 1203.4a (no probation), the usual wait is about one year after sentencing.

Can a felony be expunged?

Many felonies can be dismissed under PC 1203.4 if probation was granted and the person wasn’t sentenced to state prison. Some can also be reduced to misdemeanors under PC 17(b). Other options may apply to county jail or older prison sentences.

Does an expungement seal my record?

No. A PC 1203.4 dismissal updates the record to show the case as dismissed, but it doesn’t seal or destroy it. Sealing is a separate process that applies in limited situations, such as arrests that didn’t lead to a conviction.

This page is general information, not legal advice, and it may not reflect the latest changes in the law. Every case is different and no particular result is guaranteed. Reading it does not create an attorney-client relationship.

More guides: Shasta County expungement process · PC 1203.4 eligibility · DUI expungement · FAQ