California Penal Code §1203.4 — Expungement — With Probation
PC §1203.4 is California's expungement statute for convictions where probation was granted. Upon successful completion of probation — or upon early termination or discharge in the interest of justice — the defendant may petition the court to withdraw the plea (or set aside the guilty verdict), enter a plea of not guilty, and have the case dismissed. Once granted, the defendant is released from most penalties and disabilities arising from the conviction.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Expungement — With Probation Cases in All LA County Courts
01 — Quick Facts
PC §1203.4 — Expungement — With Probation at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §1203.4 — Expungement Where Probation Granted |
| Classification | Post-conviction relief |
| Effect | Plea withdrawn; case dismissed; release from most penalties/disabilities |
| Waiting Period | Upon successful completion of probation (or early termination under §1203.3) |
| Eligible Offenses | Most misdemeanors and felonies; excluded: certain sex offenses, VC §2800.2, VC §2800.3 |
| Companion Statutes | §1203.4a (no probation); §1203.41 (§1170(h) felonies); §1203.425 (SB 731 sealing) |
| Firearm Rights | Does not restore firearm rights barred by underlying offense |
| Immigration | Federal conviction persists — separate Padilla habeas may be required |
| Free Consultation | (213) 723-2337 — Rubin Law, P.C. |
01 — What Is PC §1203.4?
What Is California Penal Code §1203.4?
PC §1203.4 Reads:
"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, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall … be permitted by the court to withdraw the plea of guilty or nolo contendere and enter a plea of not guilty; … and … the court shall thereupon dismiss the accusations or information against the defendant."
— California Penal Code §1203.4(a)(1)
§1203.4 is the workhorse expungement statute in California. When probation was granted — whether summary (misdemeanor) or formal (felony) — successful completion opens the door to dismissal. The court may also grant relief where probation was terminated early under §1203.3 or where the interests of justice support relief despite a technical violation.
Why This Statute Matters
Expungement clears the conviction on most background checks, permits denial of the conviction on private-employment applications, and — in combination with §17(b) wobbler reduction and SB 731 automatic sealing — meaningfully restores reintegration. Rubin Law, P.C. files §1203.4 petitions end-to-end, pairs §17(b) reduction, and coordinates SB 731 sealing where eligible.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §1203.4
§1203.4 has eligibility gates rather than offense elements.
Probation Was Granted
Original disposition included a grant of probation (summary or formal).
Successful Completion or Discretionary Grant
Probation completed successfully, terminated early, or interests of justice support relief despite violations.
Not Currently Charged / On Probation
Petitioner is not then serving another sentence or on probation for another offense.
Offense Not Excluded
Offense is not among the categories excluded by §1203.4(b) (certain sex offenses; enumerated VC provisions).
04 — Penalties
Penalties for PC §1203.4 Expungement — With Probation in California
§1203.4 is a relief statute; the table describes the effect of a granted petition.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Granted §1203.4 Petition | PC §1203.4 | Plea withdrawn; case dismissed | N/A (already discharged) | Underlying strike remains for enhancement purposes |
| Effect on Background Checks | PC §1203.4(a)(1) | May lawfully deny conviction on most private-employment applications | N/A | N/A |
| Retained Exceptions | PC §1203.4(a)(3) | Must disclose to state licensing agencies, contracting officers, and firearm applications | N/A | N/A |
| Denied Petition | PC §1203.4(c) | Petition denied — may refile with strengthened record | N/A | N/A |
Companion Relief Statutes
PC §17(b) — Wobbler Reduction
PC §17(b)
Reduces felony wobbler to misdemeanor — commonly paired with §1203.4 in a single motion.
PC §1203.4a
PC §1203.4a
Expungement pathway where no probation was granted.
PC §1203.41
PC §1203.41
Expungement for §1170(h) felony county-jail cases.
PC §1203.425
PC §1203.425
SB 731 automatic conviction sealing.
What §1203.4 Does — and Doesn't Do
- Does: dismiss the case and release from most penalties/disabilities
- Does: permit denial on most private-employment applications
- Does NOT: restore firearm rights barred by underlying offense
- Does NOT: eliminate the conviction for federal immigration purposes
- Does NOT: erase the record — sealing runs under §851.93 / §1203.425
- Does NOT: eliminate sex-offender registration (§290) obligations
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §1203.4 Expungement — With Probation Charges
Rubin Law, P.C. builds §1203.4 petitions on these elements.
Compliance Declaration
Verified declaration of successful probation completion — fines paid, community service completed, restitution satisfied.
Compliance
Interests-of-Justice Showing
Where probation had technical violations, an interests-of-justice showing supports discretionary relief.
IOJ
Combined §17(b) Reduction
Wobbler cases: §17(b) reduction filed together with §1203.4 in one motion.
§17(b)
Character Evidence
Employment, education, and community-service records support the petition.
Character
SB 731 Sealing Follow-Through
§1203.425 automatic sealing pursued after §1203.4 dismissal.
Sealing
Immigration Coordination
Where immigration is at stake, separate Padilla habeas or coram nobis analysis paired with §1203.4.
Immigration
Constitutional Sources
07 — Court Process
How PC §1203.4 Expungement — With Probation Cases Move Through Los Angeles Courts
Typical §1203.4 petition flow in LA County.
- 1
Step 1 — Eligibility Audit
Rubin Law confirms probation status, exclusion analysis, and readiness.
- 2
Step 2 — Petition Preparation
Petition drafted with compliance declarations, character letters, and §17(b) motion if applicable.
- 3
Step 3 — DA Service
Petition served on DA; response typically within 30 days.
- 4
Step 4 — Hearing
Most §1203.4 petitions decided on paper; contested matters go to hearing.
- 5
Step 5 — Order Entry
Order granted — plea withdrawn, case dismissed, minute order corrected.
- 6
Step 6 — Sealing Follow-Through
§1203.425 automatic sealing pursued as a separate track.
Los Angeles Courts That Handle PC §1203.4 Expungement — With Probation Cases
§1203.4 petitions are filed in the court of conviction.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Expungement — With Probation Defense Attorney
Daniel S. Rubin has defended clients charged with expungement — with 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 §1203.4 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Expungement — With Probation Cases Throughout LA County
09 — FAQs
PC §1203.4 Expungement — With Probation Questions — Los Angeles
What is PC §1203.4?
California's expungement statute for cases where probation was granted. Upon successful completion of probation, the court withdraws the plea and dismisses the case.
How is §1203.4 different from §1203.4a?
§1203.4 applies when probation WAS granted. §1203.4a applies when NO probation was granted. Different eligibility gates, same practical effect.
Am I eligible if I violated probation?
Possibly. The court may grant §1203.4 relief in its discretion and the interests of justice — even with technical violations — where a strong record supports it.
Does §1203.4 restore my gun rights?
No. §1203.4 does not restore firearm rights barred by the underlying offense (e.g. federal MCDV bar, PC §29805 misdemeanor list).
Does it help with immigration?
The federal conviction persists for immigration purposes despite §1203.4 dismissal. A separate Padilla habeas or coram nobis petition may be required.
What offenses are excluded?
Certain sex offenses (§286(c), §288, §288a(c), §289(j), §311.1, §311.2, §311.3, §311.11) and VC §2800.2 / §2800.3 are excluded from §1203.4 relief.
Does it seal my record?
No. §1203.4 is expungement (dismissal), not sealing. SB 731 automatic sealing under §1203.425 is a separate pathway.
Available 24/7 — Free Consultation
Completed Probation? File PC §1203.4 Expungement.
§1203.4 dismisses cases where probation was granted. Rubin Law, P.C. handles the petition end-to-end and pairs §17(b) reduction and SB 731 sealing. Call (213) 723-2337.