What section 1203.4 actually does.
Penal Code section 1203.4 is the provision behind almost every use of the word "expungement" in California. The word itself does not appear in the statute.
What the section provides is this. Where a defendant has fulfilled the conditions of probation for the entire period, or been discharged before the period ended — or where the court in its discretion and in the interest of justice determines the relief should be granted — the defendant may, at any time after probation terminates, withdraw a plea of guilty or nolo contendere and enter a plea of not guilty. Where there was a conviction after a not-guilty plea, the court sets aside the verdict. In either case the court then dismisses the accusation or information.
There is a condition on the timing that catches people: at the point of the petition you must not be serving a sentence for an offence, on probation for an offence, or charged with the commission of an offence.
The section was amended by Stats. 2023, Ch. 47 (AB 134), so guidance written before then should be checked rather than relied on.
What it does not do.
Here is what a dismissal under 1203.4 does not do, and this is the part most pages skip. It does not erase the case from existence. The record of the arrest and the case remains; what changes is that the conviction is set aside and the accusation dismissed, and you can lawfully answer most private employment questions accordingly.
It does not restore firearm rights on its own. It does not remove a sex offender registration requirement. It does not stop the conviction being used as a prior in a later criminal case, and it does not bind every state licensing body. Some applications — government positions, certain licences, and some professional boards — can still require disclosure.
None of that makes it not worth doing. It makes it worth doing with an accurate picture of what you are getting.
Who actually qualifies.
Probation completed, or ended early. The cleanest route. Fulfilling the conditions for the whole period is the paradigm case the section is written around.
The discretionary route. Even where probation was not completed cleanly, the section allows the court to grant relief in its discretion and in the interest of justice. That is a real avenue and it is frequently assumed to be closed when it is not.
No probation at all? Different section. Penal Code 1203.4a deals with cases where no probation was granted. Prison cases may fall under 1203.41 or 1203.42, both also amended by AB 134 in 2023.
Not currently in the system. The timing condition above is absolute — an open case elsewhere will stop the petition.
How I handle these.
- Pull the record first. Not the version you remember — the actual disposition. Half the questions people ask me about eligibility are answered by the record itself.
- Check whether relief has already happened. Automatic relief means some people are paying to file something they do not need.
- Work out which remedy, or which combination. Reduction, dismissal and sealing do different things, and the right answer depends on what you actually need it for.
- File it properly. These are petitions with requirements, and the avoidable failures are procedural rather than substantive.
- Tell you plainly what it will and won't change. Before you decide, not after.
Where I handle these.
Across ten Northern California counties, from offices in Sacramento at 701 E Street and Roseville at 970 Reserve Drive, Suite 116. Licensed since 1999, State Bar number 203402. Record relief petitions are filed in the county where the conviction happened, so the county matters here.
Questions I hear most.
Is expungement the same as having my record erased?
No, and that is the most common misunderstanding I deal with. The conviction is set aside and the accusation dismissed. The record of the case still exists.
Do I qualify if I violated probation?
Possibly. Alongside the completed-probation route, section 1203.4 allows the court to grant relief in its discretion and in the interest of justice. People write themselves off on this point more often than the statute requires.
What if I was never put on probation?
Then 1203.4 is not your section. Penal Code 1203.4a covers cases where no probation was granted, and 1203.41 and 1203.42 cover certain prison cases.
Will this restore my firearm rights?
No. A 1203.4 dismissal does not restore firearm rights by itself, and a separate ten-year prohibition can apply after some misdemeanour convictions. See Penal Code 29805.
Can I say I have never been convicted?
For most private employment questions, a dismissal lets you answer accordingly. Government applications, certain licences and some professional boards are different and can still require disclosure. Ask before you assume — the answer depends on who is asking.
The statutes on this page
Statutory text checked against the California Legislative Information site on 6 August 2026. Record relief law in California has changed repeatedly in recent years — if you are reading this well after that date, ask rather than relying on it.
I treat my clients the way I would want an attorney to treat my mother, if she met with one. Call (916) 277-8299. The consultation is free.
