Expungement Lawyers in San Diego (PC 1203.4)

A criminal conviction doesn’t have to follow you forever. PC 1203.4 lets you petition the court to dismiss your case and move forward. Our San Diego expungement lawyers can help. Call 24/7.

A conviction on your record changes everything. The job you didn’t get. The apartment application that was denied. The professional license that’s suddenly out of reach. The look on someone’s face when a background check comes back and tells a story that doesn’t reflect who you are today.

Most people facing these consequences aren’t career criminals. They’re professionals, parents, veterans, students, and working people who made a mistake, got caught up in a bad situation, or took a plea deal years ago because they didn’t know any better. The conviction did its job. The sentence was served. Probation was completed. And yet the record keeps punishing.

The good news: California law provides a path forward. Penal Code Section 1203.4 allows eligible individuals to petition the court to withdraw their guilty plea, enter a plea of not guilty, and have the case dismissed.¹ It’s not automatic for everyone, and it’s not a magic eraser. But for many people, it is the single most impactful legal step they can take to reclaim their future.

At David P. Shapiro Criminal Defense Attorneys, we’ve helped clients throughout San Diego County clear their records, from straightforward probation-completion petitions to complex cases involving probation violations, wobbler reductions, and multi-conviction strategies. As experienced San Diego expungement lawyers, we know the local courts, we know the local DA’s office, and we know how to build a petition that gets results.

The process is more accessible than most people think. But the details matter, and getting it right the first time matters even more.

Quick Reference: PC 1203.4 Expungement

Type of Relief	Dismissal of conviction after probation
Eligibility	Completed probation (or early termination granted)
Applies To	Most misdemeanor and felony convictions where probation was granted
Probation Violations	Court has discretion to grant relief in the “interests of justice”
Ineligible Offenses	Certain sex offenses involving minors (PC 288, PC 286(c), PC 288.5, others)
State Prison Sentences	Not eligible under § 1203.4 (alternative relief available)
Firearm Rights	NOT restored for felony convictions
Strike Status	NOT removed for Three Strikes purposes
Filing Forms	CR-180 (Petition) and CR-181 (Order)
Typical Timeline	4-8 weeks from filing to decision in San Diego County

What Is Expungement Under California Law?

First, let’s clear up a common misconception. California doesn’t technically offer “expungement” in the way most people understand the word. Your record is not destroyed. It is not erased. What Penal Code Section 1203.4 actually provides is a dismissal of the conviction.²

What does that look like in practice? Well, the court allows you to withdraw your guilty or no contest plea, enter a plea of not guilty, and the case is then dismissed. Your criminal record is updated to reflect “dismissed” rather than “convicted.”

That distinction matters because the record still exists. Law enforcement can still see it. Certain government agencies can still access it. But for most purposes, particularly employment, housing, and professional licensing, a dismissed conviction is treated very differently than an active one.

Now here’s the key statutory language. Under PC 1203.4, a person who has been granted this relief “shall thereafter be released from all penalties and disabilities resulting from the offense of which they have been convicted.”³ That’s powerful language. It means the legal consequences that have been following you around can, in many cases, be lifted.

There is one important exception written directly into the statute: Vehicle Code Section 13555 disqualifications (affecting commercial driver’s licenses) survive a dismissal.⁴

Who Is Eligible for PC 1203.4 Relief?

This is where the details matter. Not everyone qualifies, and the path to relief depends on your specific situation.

Mandatory Relief (Probation Completed Successfully)

If you meet all of the following criteria, the court must grant your petition:⁵

1. You were granted probation (misdemeanor or felony)

2. You fulfilled all conditions of probation for the entire probation period, or were discharged early

3. You are not currently serving a sentence for any offense

4. You are not currently charged with any offense

5. You are not currently on probation for any offense

When all five conditions are met, this is not a matter of the judge’s discretion. The statute says the court “shall” permit the withdrawal of the plea and dismiss the case. That’s mandatory language.

Discretionary Relief (Probation Violated or Revoked)

What if you didn’t complete probation perfectly? What if there were violations? This is where many people assume they’re out of options. They’re wrong.

PC 1203.4 includes an “interests of justice” provision that gives the court discretion to grant relief even when probation was not successfully completed.⁶ The court weighs factors including:

• The nature and seriousness of the original offense
• Your conduct since the conviction
• Evidence of rehabilitation (employment, education, community involvement, family stability)
• The nature of the probation violation (was it minor or serious?)
• How much time has passed since the conviction and violation
• Whether granting relief serves the interests of justice

This discretionary path is underutilized. Many attorneys don’t even raise it with their clients. But for people who stumbled during probation and have since turned their lives around, it can be the difference between a record that holds them back and a fresh start.

Who Is NOT Eligible

Certain offenses are excluded from PC 1203.4 relief entirely.⁷ These include specific sex offenses involving minors:

• Lewd acts with a child under 14 (PC 288)
• Sodomy with a child (PC 286(c))
• Continuous sexual abuse of a child (PC 288.5)
• Oral copulation with a minor (PC 287(c))
• Unlawful sexual intercourse where the defendant was 21 or older and the victim was under 16 (PC 261.5(d))

Additionally, if you were sentenced to state prison (not county jail), PC 1203.4 does not apply. Alternative relief options exist for those individuals, including a Certificate of Rehabilitation or a Governor’s Pardon.⁸

The Strategic Multi-Petition Approach

This is where experienced legal representation makes the biggest difference. For many clients, the most effective path to maximum relief isn’t a single petition. It’s a carefully sequenced series of legal actions.

Step 1: Early Termination of Probation (PC 1203.3)

If you’re still on probation, you can’t petition for dismissal under PC 1203.4 yet. But you may not have to wait until probation expires on its own.

Penal Code Section 1203.3 allows the court to terminate probation early when the interests of justice require it.⁹ Courts in San Diego County will often consider early termination after you’ve completed roughly half of your probation term with good conduct, paid all fines and restitution, and completed all required programs.

Once probation is terminated early, you immediately become eligible to file your PC 1203.4 petition. This can shave months or even years off your timeline.

Step 2: Felony Reduction to Misdemeanor (PC 17(b))

For all intents and purposes, this is one of the most powerful tools in California criminal law that most people have never heard of. If your conviction was for a “wobbler” offense (one that can be charged as either a felony or a misdemeanor), you may be able to petition the court to reduce it to a misdemeanor under PC 17(b).¹⁰

Why does this matter so much? Because reducing a felony to a misdemeanor before dismissal means your record ultimately shows a dismissed misdemeanor, not a dismissed felony. That distinction affects everything from employment background checks to professional licensing to firearm rights.

Yes, you read that correctly. A felony conviction under PC 1203.4 alone does not restore firearm rights. But if the felony is first reduced to a misdemeanor under PC 17(b) and then dismissed under PC 1203.4, firearm rights may be restored (depending on the specific offense).

Step 3: Dismissal Under PC 1203.4

With probation terminated and the charge reduced (if applicable), the final step is filing the petition for dismissal. When the groundwork has been properly laid, this step often proceeds smoothly.

The bottom line: this three-step sequence (early termination, reduction, dismissal) can transform a felony conviction into a dismissed misdemeanor. That’s a fundamentally different record than what you started with.

What Expungement Does and Does Not Do

We believe in being completely transparent about this. Too many websites oversell expungement as a cure-all. It’s a powerful tool, but it has real limitations. You need to understand both sides before deciding how to proceed.

What a Dismissal Under PC 1203.4 DOES:

Employment protection. Under California Labor Code Section 432.7, most employers cannot ask about or consider a conviction that has been judicially dismissed.¹¹ This is often the single biggest benefit. The conviction that’s been blocking job applications, promotions, and career opportunities can be removed as a barrier.

Professional licensing. A dismissal removes a significant obstacle for many professional licenses. While licensing boards retain some discretion, a dismissed conviction is treated far more favorably than an active one. This matters for nurses, teachers, contractors, real estate agents, accountants, and dozens of other licensed professions.

Housing applications. Landlords conducting background checks will see a dismissed record rather than a conviction. While California law has been moving toward limiting how landlords can use criminal history, a dismissal strengthens your position considerably.

Personal reputation. Your court record is updated to show “dismissed” instead of “convicted.” For anyone who looks up your case, the story changes.

What a Dismissal Under PC 1203.4 Does NOT Do:

This is where people get tripped up, and where honest legal counsel matters.

Firearm rights are NOT automatically restored. If your conviction was a felony, a PC 1203.4 dismissal alone does not give you back the right to own or possess firearms. This is why the PC 17(b) reduction step is so important for wobbler offenses.

Sex offender registration is NOT relieved. If your conviction requires registration under PC 290, a dismissal under PC 1203.4 does not change that obligation.¹²

Strike status is NOT removed. A dismissed conviction still counts as a “strike” under California’s Three Strikes law for purposes of sentencing on any future offense.¹³

Immigration consequences may persist. This is critical for San Diego’s diverse population. Federal immigration law is not bound by state court dismissals. Under federal law, a conviction that has been dismissed under PC 1203.4 may still be treated as a conviction for deportation and inadmissibility purposes.¹⁴ If you have immigration concerns, this needs to be part of the conversation from day one.

Government and law enforcement positions. You must still disclose a dismissed conviction when applying for public office, law enforcement positions, or certain state licensing positions.

Prior conviction enhancements. A dismissed conviction can still be used as a “prior” for sentencing enhancement purposes if you are convicted of a new offense in the future.

Automatic Record Relief: AB 1076 and SB 731

California has been moving toward automatic record clearing, and this is something most people don’t know about.

Assembly Bill 1076 (2019) and Senate Bill 731 (2022) directed the California Department of Justice to provide automatic conviction relief for eligible individuals.^{15 16} As of July 1, 2023:

• Misdemeanor convictions: Automatic relief after completion of sentence or probation
• Felony convictions: Automatic relief if eligible and no new convictions within four years of completing the sentence
• Arrests not leading to conviction: Automatic sealing

What does this mean practically? You may already be eligible for automatic relief without filing anything. However, there are important reasons to consider filing a proactive PC 1203.4 petition even if automatic relief might apply:

• The DOJ’s automatic process has experienced backlogs and delays
• Filing proactively gives you a court order you can point to immediately
• A proactive petition provides certainty and documentation
• You control the timeline rather than waiting for an automated system

The Petition Process in San Diego County

Where to File

Your petition must be filed in the division of the San Diego Superior Court where your original case was adjudicated:

• Central Division (1100 Union Street, San Diego) for San Diego city cases
• South Bay Division (500 Third Avenue, Chula Vista) for South Bay cases
• East County Division (250 E. Main Street, El Cajon) for East County cases
• North County Division (325 S. Melrose Drive, Vista) for North County cases

What to Expect

The petition itself involves two court forms: CR-180 (Petition for Dismissal) and CR-181 (Order for Dismissal). Filing fees vary, and fee waivers are available for those who qualify.

Once filed, the San Diego County District Attorney’s office reviews the petition. They may consent, take no position, or file an opposition. Preparation for potential opposition is important, particularly for discretionary petitions where probation was violated or the original offense was serious.

The court may grant the petition without a hearing, or it may set a hearing date. In San Diego County, the typical timeline from filing to decision is approximately four to eight weeks, though this can vary.

Building a Strong Petition

The difference between a successful petition and a denied one often comes down to preparation. For mandatory relief cases (probation completed successfully), the key is documentation: proof that all conditions were met, all fines paid, all programs completed.

For discretionary cases, the petition needs to tell a story of rehabilitation. Employment records, educational achievements, community involvement, character letters, certificates of completion, and evidence of family stability all strengthen the petition. The goal is to demonstrate to the court that granting relief serves the interests of justice.

Overcoming Common Obstacles

Probation Violations on Your Record

A probation violation does not automatically disqualify you. As discussed above, the court has discretion to grant relief in the interests of justice. The key is presenting compelling evidence that the violation was an anomaly, not a pattern, and that you’ve demonstrated genuine rehabilitation since.

Multiple Convictions

If you have more than one conviction, you may petition for dismissal of each eligible conviction separately. Strategic sequencing matters here. Sometimes clearing one conviction strengthens the petition for another. An experienced attorney can evaluate which petitions to file first and how to present the overall picture to the court.

Prosecution Opposition

The San Diego County DA’s office reviews every petition and has the right to oppose. Common grounds for opposition include the severity of the original offense, probation violations, subsequent arrests, and public safety concerns. We prepare for potential opposition by building a thorough record of rehabilitation and addressing likely objections head-on in the petition itself.

Offenses That Don’t Qualify for PC 1203.4

If your conviction falls outside PC 1203.4 eligibility (state prison sentence or excluded sex offense), alternative paths may exist:

• Certificate of Rehabilitation (PC 4852.01) for state prison sentences¹⁷
• Governor’s Pardon for any conviction
• Proposition 47 reclassification (PC 1170.18) for qualifying theft and drug offenses¹⁸
• Proposition 64 relief (Health & Safety Code § 11361.8) for marijuana offenses

Military and Veteran Considerations

San Diego’s large military population means many of our clients are active duty service members, veterans, or military family members. A criminal conviction can affect security clearances, military career progression, VA benefits, and discharge status. While a state court dismissal does not automatically resolve all military-related consequences, it is often a critical first step. We work with clients to understand how expungement fits into their broader situation.

Related Relief Options

Relief	Code Section	When It Applies
Early termination of probation	PC 1203.3	Still on probation; want to accelerate eligibility
Felony reduction to misdemeanor	PC 17(b)	Wobbler offense convicted as felony
Dismissal without probation	PC 1203.4a	Completed sentence where no probation was granted
Prop 47 reclassification	PC 1170.18	Qualifying theft/drug felonies eligible for misdemeanor reduction
Arrest record sealing	PC 851.91	Arrests that did not result in conviction
Certificate of Rehabilitation	PC 4852.01	State prison sentences
Factual innocence finding	PC 851.8	Wrongful arrest; complete record destruction
Juvenile record sealing	WIC 781	Juvenile adjudications

Facing a Criminal Record in San Diego?

Clearing a criminal record in San Diego County requires more than filling out a form. It requires understanding how PC 1203.4 interacts with felony reduction under PC 17(b), early termination under PC 1203.3, and the newer automatic relief provisions under SB 731. It requires knowing how the San Diego DA’s office evaluates petitions, what the local courts expect, and how to build a case for discretionary relief when the path isn’t straightforward. That’s what we do. We’ve helped clients across San Diego County move past convictions that were holding them back, and we approach every petition with the same preparation and attention we bring to every case.

Evidence of your rehabilitation is strongest right now. The sooner we start, the sooner your record reflects who you actually are.

Call us 24/7 for a consultation. We’ll review your conviction, evaluate your eligibility, and map out the most effective path to clearing your record. Contact our team today — you’re entitled to a future that isn’t defined by your past.

References

1. 1. Penal Code, § 1203.4, subd. (a)(1).↑ Penal Code, § 1203.4, subd. (a)(1).
2. 2. Penal Code, § 1203.4, subd. (a)(1).↑ Penal Code, § 1203.4, subd. (a)(1).
3. 3. Penal Code, § 1203.4, subd. (a)(1).↑ Penal Code, § 1203.4, subd. (a)(1).
4. 4. See Vehicle Code, § 13555.↑ See Vehicle Code, § 13555.
5. 5. Penal Code, § 1203.4, subd. (a)(1).↑ Penal Code, § 1203.4, subd. (a)(1).
6. 6. Penal Code, § 1203.4, subd. (a)(1).↑ Penal Code, § 1203.4, subd. (a)(1).
7. 7. Penal Code, § 1203.4, subd. (b).↑ Penal Code, § 1203.4, subd. (b).
8. 8. See Penal Code, § 4852.01.↑ See Penal Code, § 4852.01.
9. 9. Penal Code, § 1203.3.↑ Penal Code, § 1203.3.
10. 10. See Penal Code, § 17, subd. (b).↑ See Penal Code, § 17, subd. (b).
11. 11. Labor Code, § 432.7.↑ Labor Code, § 432.7.
12. 12. See Penal Code, § 290.↑ See Penal Code, § 290.
13. 13. See Penal Code, § 667.5, subd. (c); Penal Code, § 1192.7, subd. (c).↑ See Penal Code, § 667.5, subd. (c); Penal Code, § 1192.7, subd. (c).
14. 14. See 8 U.S.C. § 1101(a)(48)(A) [federal definition of “conviction” for immigration purposes].↑ See 8 U.S.C. § 1101(a)(48)(A) [federal definition of “conviction” for immigration purposes].
15. 15. Assembly Bill 1076 (2019).↑ Assembly Bill 1076 (2019).
16. 16. Senate Bill 731 (2022), effective July 1, 2023.↑ Senate Bill 731 (2022), effective July 1, 2023.
17. 17. See Penal Code, § 4852.01.↑ See Penal Code, § 4852.01.
18. 18. Penal Code, § 1170.18.↑ Penal Code, § 1170.18.