California Penal Code §1203.4a — Expungement — Misdemeanor Without Probation
PC §1203.4a is California's expungement statute for misdemeanors and infractions where no probation was granted (typically fine-only or credit-for-time-served dispositions). Any person convicted of a misdemeanor and not granted probation, who has complied with the sentence and is not currently on probation for another offense, may petition — one year after judgment — to withdraw the plea and have the case dismissed. §1203.4a is the counterpart to §1203.4 (which applies where probation was granted).
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Expungement — Misdemeanor Without Probation Cases in All LA County Courts
01 — Quick Facts
PC §1203.4a — Expungement — Misdemeanor Without Probation at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §1203.4a — Expungement of Misdemeanor Without Probation |
| Code Type | Penal Code (PC) |
| Classification | Post-conviction relief |
| Effect | Withdrawal of plea, dismissal, release from most penalties and disabilities |
| Waiting Period | 1 year after judgment (misdemeanor); infractions eligible immediately or per statute |
| Eligibility | No probation granted; sentence fully complied with; not currently charged / on probation for another offense |
| Related Statutes | PC §1203.4 (probation cases); PC §1203.41 (felony county-jail cases); PC §851.93 / §1203.425 (record sealing under SB 731) |
| Immigration | Post-conviction relief may not eliminate immigration consequences — statutory conviction may persist for federal purposes |
| Firearm Rights | Does not restore firearm rights barred by underlying offense |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §1203.4a?
What Is California Penal Code §1203.4a?
PC §1203.4a Reads:
"Every defendant convicted of a misdemeanor and not granted probation, and every defendant convicted of an infraction may, at any time after the lapse of one year from the date of pronouncement of judgment, if he or she has fully complied with and performed the sentence of the court, is not then serving a sentence for any offense and is not under charge of commission of any crime, and has, since the pronouncement of judgment, lived an honest and upright life and has conformed to and obeyed the laws of the land, petition the court for relief under this section."
— California Penal Code §1203.4a(a)
PC §1203.4a is the go-to expungement statute for defendants who resolved cases without probation — cite-and-release fines, credit-for-time-served pleas, and infractions. The court sets aside the plea, enters a plea of not guilty, and dismisses the case. Once granted, the defendant is generally released from 'all penalties and disabilities' arising from the conviction and may lawfully answer questions about the conviction on most private-employment applications by stating that no conviction occurred (§1203.4a(a)(1)).
Why This Statute Matters
Expungement under §1203.4a is one of the most cost-effective post-conviction remedies. It clears the conviction on background checks for private employers, private housing, and many licensing applications. Combined with SB 731 automatic record sealing (§851.93 / §1203.425), it delivers meaningful reintegration. Rubin Law, P.C. files §1203.4a petitions with full supporting declarations, coordinates DA response, and pairs with §17(b) reduction and record sealing where eligible.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §1203.4a
§1203.4a has eligibility requirements rather than offense elements.
Misdemeanor / Infraction Without Probation
Conviction was a misdemeanor or infraction and no probation was granted.
Sentence Fully Complied With
All fines, restitution, community service, and other sentence terms are complete.
Not Currently Charged / On Probation
Defendant is not then serving another sentence or under charge for another offense.
Honest and Upright Life
Post-judgment conduct — no new offenses, honest and upright life, obedience to laws.
One Year From Judgment (Misdemeanor)
Petition may be filed one year after judgment on misdemeanor; infractions eligible per statute.
04 — Penalties
Penalties for PC §1203.4a Expungement — Misdemeanor Without Probation in California
§1203.4a is a relief statute — the table describes the effect of a granted petition.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Granted §1203.4a Petition | PC §1203.4a | Plea withdrawn; case dismissed | N/A | N/A |
| Effect on Background Checks | PC §1203.4a(a)(1) | May lawfully answer 'no conviction' on most private employment apps | N/A | N/A |
| Retained Exceptions | PC §1203.4a(a) | Must still disclose to state licensing agencies, contracting officers, and firearm applications | N/A | N/A |
| Denied Petition | PC §1203.4a(d) | Petition denied — may refile after further compliance | N/A | N/A |
Companion Relief Statutes
PC §1203.4
PC §1203.4
Expungement for cases where probation WAS granted.
PC §851.93
PC §851.93
Automatic record sealing (SB 731) for eligible dismissed / non-conviction cases.
PC §1203.425
PC §1203.425
Automatic conviction sealing (SB 731) for eligible convictions.
PC §17(b)
PC §17(b)
Wobbler reduction paired with §1203.4a on original-charge cases.
What §1203.4a Does — And Doesn't Do
- Does: dismiss the case and release from most penalties/disabilities
- Does: permit denial of conviction on most private-employment applications
- Does NOT: eliminate the conviction for state licensing agencies
- Does NOT: restore firearm rights barred by underlying offense
- Does NOT: eliminate federal immigration consequences (statutory conviction persists)
- Does NOT: seal the record automatically — SB 731 §851.93 / §1203.425 handles sealing
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §1203.4a Expungement — Misdemeanor Without Probation Charges
Rubin Law, P.C. structures §1203.4a petitions on the following elements.
Full Compliance Declaration
Verified declaration of full compliance — fines paid, community service completed, restitution satisfied.
Compliance
Character Evidence
Employment, education, community-service, and character declarations support the 'honest and upright life' factor.
Character
Timing Strategy
Filing timed to avoid pending unrelated matters and to maximize post-judgment record.
Timing
Ability-to-Pay Hearing
Outstanding fines addressed via People v. Duenas ability-to-pay procedure at the same hearing.
Fines
Companion §17(b) + Sealing
Combined with §17(b) reduction and SB 731 sealing under §851.93 / §1203.425 in a coordinated filing.
Combined
Immigration-Safe Framing
Where immigration is at stake, statutory-conviction analysis and Padilla v. Kentucky habeas paths are evaluated separately from §1203.4a.
Immigration
Constitutional Sources
07 — Court Process
How PC §1203.4a Expungement — Misdemeanor Without Probation Cases Move Through Los Angeles Courts
Typical §1203.4a petition flow in LA County.
- 1
Step 1 — Eligibility Audit
Rubin Law confirms 1-year mark, full compliance, and no pending matters.
- 2
Step 2 — Petition Preparation
Petition drafted with declarations, compliance evidence, and character letters.
- 3
Step 3 — DA Service
Petition served on the DA; DA response typically within 30 days.
- 4
Step 4 — Hearing (If Set)
Most §1203.4a petitions decided in chambers on paper; contested matters go to hearing.
- 5
Step 5 — Order Entry
Order entered — plea withdrawn, case dismissed, minute order corrected.
- 6
Step 6 — Sealing Follow-Through
SB 731 sealing pursued under §851.93 / §1203.425.
Los Angeles Courts That Handle PC §1203.4a Expungement — Misdemeanor Without Probation Cases
§1203.4a petitions are filed in the court of conviction.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Expungement — Misdemeanor Without Probation Defense Attorney
Daniel S. Rubin has defended clients charged with expungement — misdemeanor without probation and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §1203.4a in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Expungement — Misdemeanor Without Probation Cases Throughout LA County
See our full Expungement — Misdemeanor Without Probation defense practice
09 — FAQs
PC §1203.4a Expungement — Misdemeanor Without Probation Questions — Los Angeles
What is PC §1203.4a?
PC §1203.4a is California's expungement statute for misdemeanors and infractions where NO probation was granted. It permits withdrawal of the plea and dismissal of the case one year after judgment upon compliance.
How is §1203.4a different from §1203.4?
§1203.4 applies when probation WAS granted (petition available upon completion or termination). §1203.4a applies when NO probation was granted (petition available 1 year after judgment).
How long do I have to wait?
One year from the date of pronouncement of judgment on misdemeanors; infractions may be immediately eligible under specific statutory provisions.
Does §1203.4a remove the conviction entirely?
No. The conviction is dismissed but remains a statutory conviction for state licensing, firearm applications, and federal immigration purposes. However, it can be denied on most private-employment applications.
Will it restore my gun rights?
Generally no. §1203.4a does not restore firearm rights barred by the underlying offense (e.g. federal MCDV bar, PC §29805 misdemeanor list).
Does it help with immigration?
For federal immigration purposes, the statutory conviction persists despite §1203.4a dismissal. Immigration relief typically requires a separate Padilla habeas or coram nobis petition.
What about record sealing?
§1203.4a is expungement, not sealing. Automatic sealing under SB 731 (§851.93 / §1203.425) is a separate pathway that runs alongside §1203.4a.
Available 24/7 — Free Consultation
Fine-Only Misdemeanor on Your Record? File §1203.4a.
PC §1203.4a expunges misdemeanor and infraction convictions where no probation was granted — 1 year after judgment. Rubin Law, P.C. handles the petition end-to-end. Call (213) 723-2337.