Cal. Penal Code § 1203.4

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(a)(1)When a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interest of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if they are not then serving a sentence for an offense, on probation for an offense, or charged with the commission of an offense, be permitted by the court to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if they have been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which they have been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in their probation papers, of this right and privilege and the right, if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order does not relieve them 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.

(2)Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have custody or control of a firearm or to prevent conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.

(3)Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.

(4)Dismissal of an accusation or information pursuant to this section does not release the defendant from the terms and conditions of an unexpired criminal protective order that has been issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9. These protective orders shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying accusation or information.

(5)This subdivision shall apply to all applications for relief under this section which are filed on or after November 23, 1970.

(b)Subdivision (a) of this section does not apply to a misdemeanor that is within the provisions of Section 42002.1 of the Vehicle Code, to a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 287 or of former Section 288a, Section 288.5, subdivision (j) of Section 289, Section 311.1, 311.2, 311.3, or 311.11, or a felony conviction pursuant to subdivision (d) of Section 261.5, or to an infraction.

(c)(1)Except as provided in paragraph (2), subdivision (a) does not apply to a person who receives a notice to appear or is otherwise charged with a violation of an offense described in subdivisions (a) to (e), inclusive, of Section 12810 of the Vehicle Code.

(2)If a defendant who was convicted of a violation listed in paragraph (1) petitions the court, the court in its discretion and in the interest of justice, may order the relief provided pursuant to subdivision (a) to that defendant.

(3)(A)A petition for relief under this section shall not be denied due to an unfulfilled order of restitution or restitution fine.

(B)An unfulfilled order of restitution or a restitution fine shall not be grounds for finding that a defendant did not fulfil the condition of probation for the entire period of probation.

(C)When the court considers a petition for relief under this section, in its discretion and in the interest of justice, an unpaid order of restitution or restitution fine shall not be grounds for denial of the petition for relief.

(d)(1)Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days’ notice of the petition for relief. The probation officer shall notify the prosecuting attorney when a petition is filed, pursuant to this section.

(2)It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.

(e)If, after receiving notice pursuant to subdivision (d), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.

(f)Notwithstanding the above provisions or any other law, the Governor shall have the right to pardon a person convicted of a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 287 or of former Section 288a, Section 288.5, or subdivision (j) of Section 289, if there are extraordinary circumstances.

Notes of Decisions

Cited in 220 cases (40 in the last 5 years), 1943–2026 · leading case: Ramirez-Altamirano v. Holder

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Ramirez-Altamirano v. Holder (2009) ca9 · cites it 15× “The similar expungement relief accorded to probationers is set forth in California Penal Code section 1203.4. Moreover, section 1203.”

People v. Dueñas (2019) calctapp5d · cites it 3× “( Pen. Code, § 1203.4, subd. (a)(1).) The defendant must be "released from all penalties and disabilities resulting from the offense with which he or she has been convicted," with the exception of driver's license revocation proceedings.”

Jose Roberto Ramirez-Castro v. Immigration and Naturalization Service (2002) ca9 · cites it 7× “5 On March 5, 1993, the California Municipal Court for the City of Los Angeles expunged Petitioner's conviction pursuant to California Penal Code section 1203.4. As a result, Petitioner filed a motion to reopen with the BIA, seeking to terminate the deportation proceedings.”

People v. Vasquez (2001) cal · cites it 7× “(a)) was a Texas conviction for child sexual abuse that had been vacated, and charges dismissed, under a Texas probation statute similar to California Penal Code section 1203.4. The Court of Appeal held the vacated conviction could not be relied upon in an SVPA proceeding.”

People v. Holman (2013) calctapp · cites it 7× “4 Penal Code section 1203.4 provides in part: “(a) [f] (1) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a…”

United States v. Stoterau (2008) ca9 · cites it 3× “Stoterau asserts that it was unfair for the district court to count this conviction because he could have disposed of his pri- or conviction by seeking to have it expunged under CaLPenal Code § 1203.4 (where a convicted defendant has met specified conditions, the court may…”

United States v. Richard Bruce Cox (1991) ca10 · cites it 7× “5 Whether a conviction may serve as a predicate offense for § 922(g)(1) purposes is “determined in accordance with the law of the jurisdiction” in which the conviction was secured.”

Lewis v. Clarke (2003) calctapp · cites it 12× “4 may be required to pay the actual cost of services rendered by the county at a rate determined by the county board of supervisors.”

Rice v. Holder (2010) ca9 · cites it 8× “Health & Safety Code § 11550 , where such offenders are subsequently granted relief under Cal.Penal Code § 1203.4, are eligible for the same immigration treatment as those convicted of simple drug possession whose convictions are expunged under the Federal First Offender Act…”

The People v. Guillen (2013) calctapp · cites it 7× “4 Penal Code section 1203.4 provides in part: “(a)(1) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court,…”

Shirey v. Los Angeles County Civil Service Commission (2013) calctapp · cites it 8× “From the plain language of the statute, Penal Code section 1203.4 is not an expungement statute, as it does not render the prior conviction a legal nullity for all purposes.”

Ramirez-Altamirano v. Mukasey (2009) ca9 · cites it 15× “The similar expungement relief accorded to probationers is set forth in California Penal Code section 1203.4. Moreover, section 1203.”

Show all 220 citing cases →

— Cal. Penal Code § 1203.4(a) — 17 cases

Ramirez-Altamirano v. Holder (2009) ca9 “The similar expungement relief accorded to probationers is set forth in California Penal Code section 1203.4. Moreover, section 1203.”

Jose Roberto Ramirez-Castro v. Immigration and Naturalization Service (2002) ca9 “5 On March 5, 1993, the California Municipal Court for the City of Los Angeles expunged Petitioner's conviction pursuant to California Penal Code section 1203.4. As a result, Petitioner filed a motion to reopen with the BIA, seeking to terminate the deportation proceedings.”

United States v. David Yepez (2012) ca9

Ramirez-Altamirano v. Mukasey (2009) ca9 “The similar expungement relief accorded to probationers is set forth in California Penal Code section 1203.4. Moreover, section 1203.”

Rice v. Holder (2010) ca9 “Health & Safety Code § 11550 , where such offenders are subsequently granted relief under Cal.Penal Code § 1203.4, are eligible for the same immigration treatment as those convicted of simple drug possession whose convictions are expunged under the Federal First Offender Act…”

— Cal. Penal Code § 1203.4(a)(1) — 4 cases

State v. Johnson (2023) nmctapp

Witten v. State ex rel. Mississippi Department of Public Safety & Criminal Information Center, Sex Offenders Registry (2014) miss

State v. Johnson (2023) nmctapp

Milan v. United States (2014) vaed

— Cal. Penal Code § 1203.4(a)(2) — 1 case

PSP v. A.J. Reese (2024) pacommwct

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