Penal Code sections 1203.4, 1203.4a, 1203.41, 1203.42, 1203.43, 1203.49, 1203.4b

Penal Code section 1203.4 et. seq. allows for criminal convictions to be petitioned to be dismissed; a form of cleaning your record.

A 1203.4 dismissal is not an expungement. Although the term expungement is often used, it is misleading, because true expungement does not exist in California. To “expunge” means “to strike out” or “to wipe out.” In practical terms, this is not the result of a 1203.4 dismissal, because a 1203.4 dismissal does not “erase” a conviction from public view. However, the disposition of a case that has been granted relief pursuant to Penal Code section 1203.4 will reflect that it was “Dismissed per 1203.4”.

Note that the granting of most 1203.4 Petitions is discretionary. This means a judge has the authority to grant or deny the petition. For 1203.4 Petitions that are discretionary, we will supplement the petition with supporting documentation. Your Clean Slate attorney or paralegal will work with you to prepare the supporting documentation.

Who is eligible?

Anyone who has a conviction as an adult on a criminal case. Almost all offenses are eligible for relief.

What types of cases are eligible?

Due to recent changes in the law, nearly all criminal cases are now eligible to be considered for 1203.4 relief, regardless of the sentence.

The Orange County Public Defender can provide services for dismissal relief only for criminal cases filed in Orange County, or transferred to Orange County for all purposes (generally, a transfer of probation to Orange County during the term of probation pursuant to Penal Code section 1203.9). For cases with convictions in other California counties, we suggest you contact the Public Defender Office in that county. For counties without a Public Defender Office, we suggest you contact the office that provides criminal defense for indigent people.

Requirements to petition:

• You cannot be currently serving a sentence for any offense.
• You cannot be on probation for any offense.
• You cannot be currently charged with committing any crime.

What will a 1203.4 dismissal do?  A 1203.4 dismissal will result in:

• The plea of guilty or nolo contendere or verdicts or findings of guilt being set aside and vacated,
• A plea of not guilty being entered, and the complaint or information (the charging document) being dismissed.

How may a 1203.4 dismissal benefit you when applying for employment?

In California, there are laws about what an employer can ask about or consider related to your criminal history when you apply for a job.

For current information about this, go to:  Fair Chance Act | CRD (ca.gov)

 What a 1203.4 dismissal will NOT do.  It will NOT:

• Remove the conviction from your “RAP Sheet”.  California and FBI criminal history records will still show the conviction, but will also show “Dismissed per 1203.4”;
• Reinstate your right to own, possess, or have custody or control of a firearm;
• Allow you to omit the conviction from applications for government-issued licenses;
• Seal or otherwise remove the court case from public inspection;
• Prevent the conviction from being used as a “prior”, when applicable, to increase punishment in certain cases;
• Prevent the conviction for being used for impeachment purposes if called as a witness;
• Relieve you of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission;
• Prevent the conviction from being considered and used to refuse or revoke government licenses and permits such as a teaching credential, nursing license, bus driver’s license, security guard certificate, etc., however, the 1203.4 dismissal may reduce the weight given to the conviction by the licensing agency;
• Permit a person prohibited from holding public office as a result of that conviction to hold public office;
• Eliminate the conviction from consideration for immigration purposes (except for granted 1203.43 Petitions);
• Release you from the terms and conditions of certain unexpired criminal protective orders issued by the court;
• Remove the requirement to register as a sex offender per Penal Code section 290.