Practice area – PC 1203.4 Dismissal
Need to get a conviction dismissed under PC 1203.4?
The most common form of expungement in California. Sets aside the conviction so you can answer no on most employment background questions.
Available 24/7
What you’re facing
PC 1203.4 is California’s closest equivalent to expungement. After successfully completing probation, you can petition the court to set aside the conviction. If granted, the conviction is dismissed AFTER it occurred – meaning you can answer no to most employment background check questions. It does NOT erase the record from law enforcement databases, restore federal gun rights, or remove sex offender registration. It does help with employment, housing, and many professional licensing applications.
Defenses I build
PC 1203.4 work is procedural – eligibility analysis, petition preparation, addressing DA opposition, hearing representation. I review your record to identify every dismissable conviction, file petitions strategically (some require lower-level relief first), and address any complications like outstanding restitution or probation violations. Most matters resolve on the papers without client appearance required.
PC 1203.4 Case Results
Charged With
Case result available on consultation
Outcome
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Post-Conviction – Riverside Co.
Charged With
Assault w/ Deadly Weapon + Great Bodily Injury
Outcome
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Post-Conviction – Riverside Co.
Charged With
Take-Over Robbery, Kidnapping, 3 Strikes – Multiple life counts
Outcome
12 Years
Post-Conviction – Riverside Co.
Charged With
Case result available on consultation
Outcome
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Post-Conviction – Riverside Co.
Charged With
Case result available on consultation
Outcome
12 Years
Post-Conviction – Riverside Co.
Charged With
ADW + Robbery + GBI + Gang Affiliation
Outcome
NOT GUILTY
Post-Conviction – Riverside Co.
Charged With
Attempted Murder – Facing 7 yrs to Life
Outcome
Misdemeanor, Time Served
Post-Conviction – Riverside Co.
Common Questions
Am I eligible for PC 1203.4 dismissal?
California defines violent crimes broadly: murder and attempted murder, assault and assault with a deadly weapon (Penal Code 245), robbery and armed robbery, kidnapping, criminal threats, and any offense resulting in great bodily injury. Many include gang or firearm enhancements that stack additional years on top of the base sentence. Most are also Strike Offenses, meaning the conviction follows you for life and doubles your exposure on any future felony.
What does PC 1203.4 dismissal actually do?
The court sets aside the conviction. The case is dismissed AFTER conviction – you withdraw your guilty plea or guilty verdict is set aside, and the case is dismissed. Practically: you can legally answer “no” to most employment questions about convictions (with limited exceptions for law enforcement and certain licensing). Background check companies are supposed to update their records. The relief is real but has limits.
What does PC 1203.4 NOT do?
PC 1203.4 does not: erase the record from law enforcement or court databases; restore federal firearm rights (Second Amendment-related federal law is separate); remove sex offender registration obligations under PC 290; prevent the conviction from being used as a prior in future cases; seal the record from background check companies (separate sealing process required for that). Other post-conviction tools (PC 17(b) reduction, Prop 47, Certificate of Rehabilitation, Governor pardon) may address those limits.
The PC 1203.4 Process Step by Step
PC 1203.4 follows a defined process, usually resolved on the papers without client court appearance:
Eligibility Check
Completed probation, no current charges, no unpaid restitution.
Petition Filing
PC 1203.4 petition with supporting declarations.
DA Review
Prosecutor reviews and either consents or opposes.
Hearing
Required only if contested. Most are decided on the papers.
Granted Order
Court enters order setting aside conviction.
Updating Records
DOJ, DMV, FBI databases are notified.
Effect on Employment
Can answer “no” to most employment background questions.
Limitations
Federal gun rights and sex offender registration NOT affected.
What PC 1203.4 Does NOT Do
Understanding the limits is as important as understanding the relief:
- Does NOT erase the record from law enforcement databases – police and courts still see it
- Does NOT restore federal firearm rights – federal law treats convictions differently
- Does NOT remove sex offender registration (PC 290 obligations remain)
- Does NOT prevent the conviction from being used in future cases as a prior
- Does NOT seal the record from background check companies (separate sealing process needed)
Despite its limits, PC 1203.4 dismissal is the most powerful post-conviction relief available for most cases. Combined with PC 17(b) reduction (for wobblers) and any applicable Prop 47 reduction, the cumulative effect can be substantial.