The 1203.4 Penal Code sections, briefly described

1203.4

For felony and misdemeanor cases where probation was granted.

1203.4a

For misdemeanor and infraction cases where probation was not granted (also known as a “terminal disposition”). A Petition pursuant to 1203.4a may be filed anytime after one year after the date of pronouncement of judgment (sentence).

1203.41

For felony cases with a sentence to county jail under Penal Code section 1170(h)(5) and certain state prison sentence cases.

• For felony county jail sentences with a period of mandatory supervision under Penal Code section 1170(h)(5)(B), more than one year must have elapsed since you completed your sentence (which includes the period of mandatory supervision).
• For felony county jail sentences without a period of mandatory supervision imposed under Penal Code section 1170(h)(5)(A), more than two years must have elapsed since you completed your sentence.
• For felony cases with a sentence to state prison (California Department of Corrections and Rehabilitation (CDCR)) so long as the conviction did not result in a requirement to register as a sex offender. For state prison sentence cases, more than two years must have elapsed since the completion of your state prison sentence.

1203.42

For felony cases with a sentence to state prison (California Department of Corrections and Rehabilitation (CDCR)) that would have been eligible for a felony county jail sentence after 2011 under Penal Code section 1170(h)(5). A Petition pursuant to 1203.42 may be filed anytime after more than two years have elapsed since the completion of your sentence.

1203.43

Help for Immigrants Who Completed Deferred Entry of Judgment

Since 1997, California law has permitted a criminal court judge to offer deferred entry of judgment (DEJ) to qualifying defendants charged with a first, minor drug offense. The DEJ process was meant to help first time offenders avoid the debilitating consequences of a drug conviction. But while a successfully completed DEJ is not a conviction for any California purpose, it is a very damaging drug conviction for immigration purposes -- even after charges have been dismissed under Penal Code section 1000.3. Thus, thousands of non-citizens accepted the deferred entry of judgment program only to find that, under immigration law, their cases were still considered convictions, and they were still subject to deportation and other serious consequences.

As of Jan. 1, 2016 a new law offers California post-conviction relief to benefit immigrants, Penal Code section 1203.43, withdrawal of plea after DEJ dismissal of charges. In section 1203.43 the Legislature acknowledges that the DEJ statute misinformed defendants, including all non-citizens, about the consequences of pleading guilty, and for that reason deems the plea legally invalid. Withdrawal of the guilty plea is thus for cause, based on this legal defect.

Section 1203.43 is a simple procedure that should eliminate this "conviction" for immigration purposes. It is simple because a judge can often grant 1203.43 on the papers without a hearing, since the only required showing is that the court in fact dismissed the defendant's charges under PC 1000.3. (If court records are no longer available, section 1203.43(b) provides that a declaration plus DOJ record can suffice.)

Section 1203.43 eliminates the conviction for immigration purposes because the basis of the plea withdrawal is legal error: the finding that Penal Code section 1000 misadvised defendants, including all non-citizen defendants, as to the actual consequences of DEJ when it said that DEJ would not result in the loss of any legal benefit. Therefore, the defendant's DEJ guilty plea is legally invalid. The statute explicitly sets out these findings at 1203.43(a), so a judge need not independently make or evaluate the findings.

1203.49

For misdemeanor convictions under Penal Code section 647(b) (solicitation or prostitution) where you were a victim of human trafficking.

1203.4b

For certain felony cases in which you successfully participated in the California Conservation Camp program as an incarcerated hand crew member, within the California Department of Corrections and Rehabilitation (CDCR).