Expungement (PC 1203.4) FAQ

A PC 1203.4 expungement is a legal process that allows individuals who have been convicted of a crime in California to petition the court to dismiss their conviction after successfully completing probation. Under California Penal Code Section 1203.4, once granted, the court withdraws the plea of guilty or no contest, enters a plea of not guilty, and dismisses the case. This provides significant relief for individuals seeking to move forward from past criminal convictions.

The expungement does not erase or seal the conviction from your record entirely, but it changes the status of the case to "dismissed" and provides legal protections, particularly in employment contexts. While the conviction will still appear on criminal background checks, it must be shown as dismissed, and California law prohibits most private employers from discriminating against applicants based on expunged convictions.

To be eligible for PC 1203.4 expungement in California, you must meet several requirements. First, you must have been convicted of either a misdemeanor or felony offense and granted probation (formal or informal). Second, you must have successfully completed all terms of probation, including payment of fines, restitution, completion of community service, and any required programs. Third, you cannot currently be charged with, on probation for, or serving a sentence for any criminal offense.

Fourth, you must not have served time in California state prison for the conviction you're seeking to expunge, though there are exceptions under PC 1170(h) for certain felonies sentenced to county jail. If you violated probation, you may still petition for expungement, but the court has discretion to grant or deny the petition based on factors such as your overall compliance, the nature of violations, and your current circumstances. Certain serious offenses, including specific sex crimes against children and violent felonies, may be ineligible regardless of probation completion.

Generally, yes, you must successfully complete all terms and conditions of probation before you are eligible to file for a PC 1203.4 expungement in California. This means fulfilling every requirement imposed by the court, including serving any jail time, paying all fines and restitution, completing community service hours, attending required classes or counseling, and complying with all other probation terms.

However, California law does provide an option for early termination of probation under Penal Code Section 1203.3, which allows you to petition the court to terminate probation before its scheduled end date. If granted, you can then immediately file for expungement. Courts consider various factors when deciding early termination requests, including your compliance with probation terms, the nature of the original offense, your rehabilitation efforts, and whether early termination serves the interests of justice. Additionally, if you completed at least one year of probation for a misdemeanor or two years for a felony and otherwise complied with conditions, you may have a stronger case for early termination followed by expungement.

Several categories of convictions are ineligible for PC 1203.4 expungement in California. First, convictions where you served time in California state prison (rather than county jail) generally cannot be expunged under PC 1203.4, though post-conviction relief may be available through other means such as a Certificate of Rehabilitation or Governor's Pardon. Second, certain serious sex offenses, particularly those involving children under Penal Code Sections 261.5(d), 286(c), 288, 288.5, or 289(j), are statutorily excluded from expungement relief.

Third, convictions that did not result in probation being granted are typically ineligible, though there are exceptions for infractions and some misdemeanors. Fourth, individuals who are currently facing criminal charges, on probation, or serving a sentence for any offense cannot obtain expungement until those matters are resolved. It's important to note that even if you're ineligible for PC 1203.4 expungement, other forms of post-conviction relief may be available, including record sealing under PC 851.87 for completed sentences, Certificates of Rehabilitation for more serious offenses, or petitions for dismissal under PC 1203.4a for specific statutory offenses.

An expungement under PC 1203.4 provides significant benefits when it comes to employment, though it's important to understand its limitations. Once your conviction is expunged, California Labor Code Section 432.7 and related laws prohibit most private employers from asking about or considering arrests that did not lead to conviction, as well as convictions that have been dismissed pursuant to PC 1203.4. This means you can legally answer "no" when asked by most private employers if you have been convicted of a crime. However, the expungement does not completely erase the conviction from background checks; it will still appear but must be shown as "dismissed."

Important exceptions exist where you must still disclose expunged convictions: when applying for government jobs, law enforcement positions, positions requiring state licensing (such as healthcare, legal, or financial services), running for public office, or when purchasing firearms. Additionally, while private employers cannot discriminate based on expunged convictions, they may still consider the underlying conduct if it's directly related to job qualifications. Courts have held that employers must evaluate each case individually and cannot have blanket policies excluding all applicants with expunged records.

Yes, despite obtaining a PC 1203.4 expungement, your dismissed conviction can still be used against you in certain legal proceedings. Most significantly, if you are charged with a new criminal offense, prosecutors can use your expunged conviction as a prior conviction for purposes of sentencing enhancements under California's Three Strikes Law, to increase penalties for subsequent offenses, or to impeach your credibility if you testify at trial. California Penal Code Section 1203.4(a)(1) explicitly states that a dismissal under this section does not relieve you from the obligation to disclose the conviction in response to any direct question about your criminal history in applications for public office or for state licensing.

Additionally, the Department of Motor Vehicles (DMV) retains records of expunged DUI convictions, and these can be used to enhance penalties for subsequent DUI offenses. The expungement also does not restore gun rights that were lost due to the conviction; separate relief must be sought for firearm rights restoration. Immigration authorities can also still consider expunged convictions when making determinations about deportability or inadmissibility. Understanding these limitations is crucial, as an expungement provides substantial relief for employment and many civil matters, but does not completely eliminate all consequences of a criminal conviction.

Filing a PC 1203.4 expungement petition involves several important steps. First, obtain a copy of your criminal record from the court where you were convicted to verify the case information and confirm you completed all probation requirements. Second, complete the appropriate petition forms, typically including the Petition for Dismissal (Form CR-180) and an Order for Dismissal (Form CR-181), though some counties may have their own specific forms. Third, draft a declaration or supporting statement explaining why you deserve the expungement, highlighting your rehabilitation, compliance with probation, and how the expungement will benefit you.

Fourth, file the petition with the clerk of the court where you were convicted and pay the required filing fee (fee waivers are available if you qualify). Fifth, the district attorney's office will be notified and may file an opposition if they believe the expungement should not be granted. Sixth, if a hearing is scheduled, you must appear before the judge, who will consider factors including the nature of the offense, your conduct since conviction, your criminal history, and whether granting the petition would serve the interests of justice. The entire process typically takes two to five months from filing to final decision, depending on court schedules and whether the petition is contested.

The cost of obtaining a PC 1203.4 expungement in California varies depending on several factors, including whether you hire an attorney and which county you're filing in. Court filing fees typically range from $120 to $150 per petition, though some counties may charge different amounts. If you're seeking to expunge multiple convictions, you'll generally need to file a separate petition for each case, multiplying the filing fees. If you cannot afford the filing fee, you can request a fee waiver by filing a Request to Waive Court Fees (Form FW-001) and demonstrating financial hardship.

Attorney fees for expungement services vary widely, typically ranging from $1,000 to $2,500 per case, depending on the complexity of your case, the attorney's experience, and whether a hearing is required. Some cases may qualify for assistance from legal aid organizations or public defender offices, particularly if you have limited income. While it's possible to file for expungement without an attorney by using court-provided forms and instructions, many people choose to hire legal representation to ensure the petition is properly prepared, to handle any opposition from the prosecutor, and to present the strongest possible case at any hearing. Additionally, if you need to petition for early termination of probation first, that requires a separate filing and may involve additional costs.

No, a PC 1203.4 expungement does not automatically restore gun rights in California. While expungement provides substantial relief in many areas, California Penal Code Section 1203.4(a)(1) explicitly states that the dismissal does not permit you to own, possess, or have custody or control of any firearm or prevent a conviction from being used to impose firearm prohibitions. If you were convicted of a felony, you remain prohibited from owning or possessing firearms under both California and federal law, even after expungement. For misdemeanor convictions involving domestic violence, you face a lifetime ban on firearm possession under federal law (18 U.S.C. Section 922(g)(9)), which expungement does not affect.

To restore gun rights after a felony conviction in California, you must obtain either a Certificate of Rehabilitation followed by a Governor's Pardon, or in some cases, a reduction of the felony to a misdemeanor under Penal Code Section 17(b), followed by specific relief under Penal Code Section 1203.4a. For certain qualifying felonies sentenced under Penal Code Section 1170(h) to county jail (rather than state prison), a reduction to a misdemeanor followed by expungement may restore California gun rights, but federal firearm disabilities may still apply. Consulting with an attorney who specializes in gun rights restoration is essential to understanding your specific options.

Yes, you can seek to expunge multiple convictions, but the process and requirements vary depending on the circumstances. If you have multiple convictions from different cases, you generally must file a separate PC 1203.4 petition for each case, as each case has its own court file and disposition. Each petition requires its own filing fee unless you obtain a fee waiver. However, some courts may allow you to request a single hearing date for multiple expungement petitions to streamline the process. If you have multiple convictions from the same case (multiple counts), you typically file one petition requesting dismissal of all counts in that case.

When seeking to expunge multiple cases, you must ensure that you are eligible for expungement in each case, meaning you successfully completed probation for each conviction, are not currently on probation or facing charges for any offense, and meet all other eligibility requirements. The court will evaluate each petition independently based on the specific facts and circumstances of that case. If you violated probation in one case but not others, the court might grant expungement for cases where you complied with probation while denying it for the case where you violated terms. Many attorneys offer reduced rates when handling multiple expungement petitions simultaneously, as much of the work overlaps. Expunging multiple convictions can provide even greater benefits for employment and other opportunities.