California Penal Code 1203.4 eligibility in 2026 comes down to three checks: did you complete probation (or get it terminated early), are you free of new charges or another active sentence, and did you avoid state prison time on the case you want dismissed. Miss any one of those and the court can deny the petition outright — but even a technically eligible record doesn't guarantee approval, because judges keep discretion to say no "in the interest of justice," and a 1203.4 dismissal never erases the conviction for gun rights, state licensing boards, or immigration purposes.
- Penal Code 1203.4 eligibility California requires completed probation, no pending charges, and no state prison time served.
- Certain PC 290 registrable sex offenses and some violent felonies stay excluded from 1203.4 relief even after probation ends.
- Judges keep discretion in 2026 to deny a petition even when every technical box is checked.
- Cole Law reviews case-specific eligibility before filing Form CR-180 with the sentencing court.
Why This Matters
I see the same misunderstanding constantly: people assume expungement happens automatically once probation ends. It doesn't. Penal Code 1203.4 relief requires an actual petition — usually filed on Form CR-180 — and the court reviews your full case history before granting it.
Getting the eligibility check wrong wastes months. If your petition gets denied because you filed too early or missed an exclusion, you're back where you started, and some counties take weeks just to calendar a hearing. Knowing where you stand before filing saves real time in how to expunge a criminal record in California cases across the state.
Am I Eligible For Expungement Under Penal Code 1203.4 In California?
Run through these five checks in order. If you fail any one without a documented exception, you're not eligible yet — not never, just not yet.
- Probation status. You completed probation successfully, or a judge granted early termination before the original end date.
- No pending cases. You're not currently charged with a new crime anywhere in California and not on probation for a separate offense.
- No prison sentence. You didn't serve time in state prison for this specific conviction, unless it falls under the realignment provisions of Penal Code 1170(h).
- Offense type. Your conviction isn't one of the small set of offenses — mainly certain sex crimes under Penal Code 290 requiring lifetime registration — that Penal Code 1203.4 excludes by statute.
- Petition filed. Form CR-180 has actually been submitted to the court that sentenced you, with a hearing date set.
| Eligibility factor | What the court looks for |
|---|---|
| Probation | Completed, or terminated early by court order |
| Pending charges | None, anywhere in California |
| Prison time | None served for this offense (1170(h) exceptions apply) |
| Offense type | Not a lifetime PC 290 registrable sex offense |
| Filing | Form CR-180 submitted to sentencing court |
Meeting all five gets your petition in front of a judge. It still doesn't guarantee a yes — that's the part most eligibility checklists skip.
Felony Convictions: Eligible For 1203.4, Or Do You Need A Reduction First?
Most felony "wobblers" — offenses that can be charged as either a felony or misdemeanor — qualify for Penal Code 1203.4 dismissal once probation ends, with no prison time on record. You don't need to reduce the felony to a misdemeanor before filing for 1203.4 relief, but doing both changes how the record reads on a background check.
A straight 1203.4 dismissal still shows as a dismissed felony. A felony reduced under Penal Code 17(b) first, then dismissed, shows as a dismissed misdemeanor — a meaningfully different result for licensing applications. Details on the reduction process live at how to get a felony reduced to a misdemeanor in California.
Verdict: if your felony is a wobbler and probation is complete, pursue both the reduction and the dismissal — buy the extra filing, it changes what employers see.
DUI Convictions: How 1203.4 Eligibility Works
First-offense DUI cases in California typically carry informal probation of three to five years. Once that term ends — or a judge grants early termination — the case usually qualifies for Penal Code 1203.4 dismissal, provided no prison time was served and no new charges are pending.
Felony DUI cases follow the same five-point checklist above, but courts scrutinize prison-time history more closely because felony DUI convictions more often involve custody time that can trigger the state prison exclusion. Case-specific breakdowns are at how to expunge a DUI conviction in California.
Why 1203.4 Eligibility Varies Case To Case
- Offense type and registration status — PC 290 registrable sex offenses stay excluded regardless of probation completion.
- Custody history — jail time is fine; state prison time (outside 1170(h) exceptions) disqualifies the case.
- Number of convictions filed together — petitioning multiple cases at once can slow the court's review.
- Probation violations — a violation doesn't automatically disqualify you, but it hands the judge more room to deny.
- County court practices — some counties grant early termination readily; others require the full term to run.
- Pending charges anywhere in the state — a single open case anywhere blocks the petition until it resolves.
Does A DUI Conviction Qualify For Expungement Under 1203.4?
Most misdemeanor DUI convictions qualify for Penal Code 1203.4 dismissal once probation — typically three to five years for a first offense — is complete and no new charges are pending. Felony DUI cases qualify too, but only if no state prison time was served on that specific conviction.
Can I Expunge A Felony Without Reducing It To A Misdemeanor First?
Yes, a felony can go straight to 1203.4 dismissal without a prior Penal Code 17(b) reduction, as long as probation is complete and no prison time was served. The record will still read as a dismissed felony rather than a dismissed misdemeanor, which matters for some license applications.
What Happens If I Violated Probation Before Completing It?
A probation violation in 2026 doesn't automatically disqualify a 1203.4 petition once probation is eventually completed or reinstated and finished. It does give the judge more discretion to deny the petition "in the interest of justice," so a documented violation is worth reviewing with a lawyer before filing.
One more path worth knowing about: if probation was denied reinstatement or the case involves a longer disqualifying history, a certificate of rehabilitation can sometimes reach further than a straight 1203.4 dismissal, including in cases where 1203.4 alone won't restore certain rights.
I review the full case file before telling anyone they're eligible — court minute orders, probation completion dates, and any prior filings. A five-minute checklist gets you close; the actual court record decides it.
Get Your Eligibility Reviewed
I'll check your case file against every 1203.4 exclusion before you file.
FAQ
What is Penal Code 1203.4 eligibility in California?
Penal Code 1203.4 eligibility in California requires completed probation, no pending charges, and no state prison time served on the conviction, with limited 1170(h) exceptions. Certain PC 290 registrable sex offenses stay excluded regardless of probation status.
How long does probation need to run before I can file for 1203.4 dismissal?
You need probation fully completed, or terminated early by court order, before filing Form CR-180 in 2026. Misdemeanor probation commonly runs one to three years; felony probation runs longer.
Does a felony conviction disqualify me from 1203.4 relief?
No, most felony convictions qualify for 1203.4 dismissal once probation ends, as long as no state prison time was served for that offense. Reducing the felony to a misdemeanor first is optional, not required.
Can I still be denied 1203.4 relief if I meet all the eligibility requirements?
Yes, judges retain discretion in 2026 to deny a 1203.4 petition even when every technical requirement is met. This is why case-specific review matters more than a general checklist.
Is a DUI conviction eligible for expungement under 1203.4?
Yes, most misdemeanor DUI convictions qualify for 1203.4 dismissal once the typical three-to-five-year probation term ends. Felony DUI convictions qualify too, unless state prison time was served.
Does 1203.4 dismissal restore gun rights or fix immigration status?
No, a 1203.4 dismissal does not restore gun rights or change immigration consequences tied to the underlying conviction. Those require separate legal processes outside Penal Code 1203.4.
What form do I file to request 1203.4 relief in California?
You file Form CR-180, the Petition for Dismissal, with the court that originally sentenced you. The court then reviews probation records and schedules a hearing before ruling.
One Last Thing
A granted 1203.4 dismissal still shows up on background checks run by state licensing boards, government employers, and firearms dealers in 2026 — it clears the record for most private employers, but not for every gatekeeper. Anyone applying for a state license, a security clearance, or a firearm purchase needs to plan around that gap before assuming the dismissal closes the file for good.
