California Penal Code § 1203.4 PC permits you to expunge your criminal conviction after you complete probation as long as you did not serve time in state prison. There are exceptions, such as for serious crimes, violent crimes, or sex offender crimes.
The full text of the statute is:
PC 1203.4. (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.
Legal Analysis
California Penal Code 1203.4 provides the mechanism by which your criminal record can be expunged as long as you:
- complete probation, and
- served no time in prison for the case.
Once probation is over, the judge can set aside your conviction. Note that if you were convicted for a felony, the court would first have to agree to reduce it down to a misdemeanor before setting aside your conviction. Only misdemeanors can be expunged.
Certain felony offenses are not expungeable. Among these are serious sex offenses committed against minors, such as
- Penal Code 286 PC(c) – sodomy with a child,
- Penal Code 288 PC – lewd acts with a child,
- Penal Code 287(c) PC – oral copulation with a child, and
- Penal Code 261.5(d) PC – statutory rape.
Expungement has many benefits, such as being able to deny having had a criminal record to future employers. However, expungements do not:
- restore gun rights,
- release you from protective orders, or
- restore your right hold public office.1
Note that as of July 1, 2023, expungement should occur automatically once you finish your probation or if your case is dismissed. If the case still appears on your criminal record, contact an attorney.2
The most serious felony convictions cannot be expunged.
Legal References
- California Penal Code 1203.4 PC. Change of plea and dismissal of charges after termination of probation; Release from penalties and disabilities; Subsequent prosecutions; Registration of sex offenders; Possession of firearm; Reimbursement to county or city; Notice to prosecuting attorney. Estrada v. Public Employees’ Retirement System (Cal. App. 2d Dist. 2023) 95 Cal. App. 5th 870. People v. E.B. (Cal. App. 6th Dist. 2020) 51 Cal. App. 5th 47.
- SB 731 (2023). Assembly Bill 1076 (2019).