Clearing a Criminal Record in California: Expungement Under Penal Code 1203.4
An old conviction can quietly follow you for years — surfacing on background checks for jobs, housing, and licenses. California law provides a way to clean that up. Here's how "expungement" under Penal Code section 1203.4 actually works.
What expungement does
Under Penal Code section 1203.4, an eligible person can ask the court to withdraw the plea (or set aside the verdict) and dismiss the case. The record then shows the conviction was dismissed. For most private employers, you can generally answer that you were not convicted of that offense — which is why this relief matters in the real world.
What it does not do
Expungement is powerful but not a total erase:
- The record isn't destroyed — it shows a dismissal, not that it never happened;
- It generally does not restore firearm rights lost due to certain convictions;
- It usually does not remove a requirement to register (for offenses that require it);
- A prior can still count in some later proceedings.
Who is eligible
Section 1203.4 relief is generally available to people who were placed on probation and completed it (or received early termination), and who are not currently charged with, on probation for, or serving a sentence for another offense. There are important limits — for example, certain serious offenses, and cases where the person served a state-prison sentence, may not qualify under this section (though other relief may exist). Even where probation wasn't perfectly completed, a court sometimes has discretion to grant relief.
Other tools exist too
Section 1203.4 is the best-known path, but California has expanded record relief in recent years — including automatic relief for some cases and separate procedures for arrests that didn't lead to conviction, reductions of certain felonies to misdemeanors, and more. The right tool depends on your specific record.
Why it's worth doing
A clean-looking record can open doors to employment, housing, and professional licensing that a conviction closes. For many people it's one of the highest-impact legal steps they can take.
When to talk to a lawyer
Eligibility turns on the exact offense, your sentence, and how your probation ended. A quick review can tell you whether you qualify under section 1203.4, or whether a different form of relief fits your situation better.
Want to clear an old conviction? Ask a legal question.