Last updated on August 7, 2026
You paid your fines, finished your classes, and completed every day of probation. On paper, the case is over. In real life, the conviction still shows up when it matters most. A single misdemeanor can quietly shape the rest of your life. It can cost you a job offer, a professional license, an apartment, or a loan long after the case has ended. The good news is that California law gives you a path forward. Penal Code §1203.4 lets many people who finished probation withdraw their plea and have the conviction dismissed. A Walnut Creek criminal defense attorney at the Law Offices of Johnson & Johnson can determine your eligibility and guide the petition through the court so you can move forward with your life.
What a Section 1203.4 Dismissal Really Does
California Penal Code §1203.4 gives people who have completed probation a way to reopen their case and close it on much better terms. If you qualify, the court lets you withdraw your guilty or no contest plea and enter a plea of not guilty. If you went to trial and were found guilty, the court sets that verdict aside instead. Either way, the judge then dismisses the charge against you.
Once the case is dismissed, you are released from most of the penalties and disabilities that came from the conviction. The case does not vanish, but the record reflects a dismissal rather than a live conviction, and that distinction can matter a great deal in daily life. People often call this process an expungement, yet the statute never uses that word. What you are really getting is a set aside and dismissal, and understanding that difference helps you make the most of the relief.
Who Qualifies for Relief Under §1203.4
Eligibility usually comes down to how your probation went. If you fulfilled the conditions of probation for the entire period, the law directs the court to grant relief. You may also qualify if the court discharged you from probation early, or if the judge decides that granting relief serves the interest of justice, even when probation did not go perfectly.
Timing is important. You can seek this relief after your probation has ended, and only if you are not currently charged with a crime, serving a sentence, or on probation for another offense. Not every conviction is covered. Certain serious sex offenses and specified Vehicle Code violations are excluded by the statute, so it is worth confirming that your particular conviction qualifies before you file.
What If You Were Not Placed on Probation
Not every misdemeanor sentence includes probation. If you were convicted of a misdemeanor and the court did not grant probation, a companion law, Penal Code §1203.4a, may still open the door to a dismissal. Under that section, you can ask the court to dismiss the case once at least one year has passed since the judgment was pronounced. You must have completed your sentence, stayed out of legal trouble, and you cannot be serving a sentence or facing new charges when you file. The relief itself works much like §1203.4. You withdraw your plea, or the guilty verdict is set aside, and the court dismisses the charge.
Does a Dismissal Erase Your Criminal Record?
This is where hopes and reality often part ways. California does not offer true expungement, so a dismissal under §1203.4 does not delete your case or seal it from view. Depending on your history, there may be other options to clean your record, but a plain dismissal comes with limits you should understand.
With a dismissal, the conviction can still be counted against you if you are charged with a new crime later. You must still disclose it when you apply for public office, seek a license from a state or local agency, or contract with the California State Lottery. A dismissal also does not restore firearm rights that the conviction may have taken away. Knowing these limits up front helps you set realistic expectations.
Why People Still Pursue a Dismissal
Even with those limits, a dismissal can be well worth the effort. The statute releases you from most of the penalties and disabilities tied to the conviction, and it names only a short list of situations, such as running for public office or applying for a state license, where you must still disclose it. For many private, everyday purposes, being able to show that the case was dismissed rather than left open can ease the way toward a job, an apartment, or a fresh start. For a lot of the people we help, that peace of mind is the real reward.
How the Petition Process Works
The process begins with a petition filed in the same court that handled your case. The prosecutor must receive at least 15 days of notice, which gives the district attorney a chance to review and respond. A judge then considers your request and, in eligible cases, grants the dismissal.
Money you still owe should not automatically defeat your petition, because an unpaid restitution order or fine is not, by itself, a valid reason to deny relief. Still, the details matter. Small mistakes in eligibility, paperwork, or timing can cause delays, which is why many people ask an attorney to prepare and present the petition for them. An attorney can also confirm which relief fits your case, gather the court records you need, and appear at the hearing so you do not have to face the process alone.
Talk to a Walnut Creek Criminal Defense Team
Old convictions do not have to hold you back. The Law Offices of Johnson & Johnson have defended clients across Contra Costa County and the Bay Area for more than 30 years. We can confirm whether you qualify, gather the necessary records, and handle the filing, the service, and the court appearance from start to finish. Contact the Law Offices of Johnson & Johnson for a free, confidential consultation.