Expunging a misdemeanor conviction in California means filing a petition for dismissal under Penal Code 1203.4 with the court that sentenced you, then waiting for a judge to sign an order that withdraws your plea and dismisses the case. If you never served probation, the faster route is Penal Code 1203.4a, which allows a petition one year after conviction. Either way, the dismissal clears the conviction for most employers and landlords, but it doesn't erase the record from every database and it doesn't automatically restore rights like gun ownership.
- Expunge misdemeanor California convictions by filing Form CR-180 under Penal Code 1203.4 with the sentencing court.
- No probation means eligibility after 1 year under PC 1203.4a instead of waiting on probation completion.
- Dismissal under 1203.4 doesn't restore gun rights or hide the case from state licensing boards.
- Cole Law files 1203.4 and 1203.4a petitions for misdemeanor and felony clients across California in 2026.
Why this matters
A misdemeanor conviction sits on a background check indefinitely unless a court dismisses it. Most employers, landlords, and licensing agencies in California run a check through the Department of Justice, and an unaddressed misdemeanor shows up as an active conviction even years after you finished probation.
A misdemeanor expungement under Penal Code 1203.4 clears your case record for most civilian background checks, but it does not restore gun rights and it does not stop state licensing boards from seeing the underlying conviction. That distinction matters more than most people realize going into the process in 2026, and it's why checking expungement eligibility under Penal Code 1203.4 before filing anything saves time.
How to expunge a misdemeanor conviction in California
The petition process runs through the same court where you were sentenced, not a separate agency. Here's the sequence:
- Confirm eligibility. You need to have completed probation (if you were granted it) or waited the required period under 1203.4a, and you can't have new pending charges.
- Pull your case file. You'll need the case number, county of conviction, and sentencing date — the court clerk's office or your original attorney can supply these.
- Complete Form CR-180, the Petition for Dismissal, and Form CR-181 if the court requires a proposed order.
- File the petition with the clerk of the sentencing court. Filing fees and any required proof-of-completion documents vary by county — the cost to expunge a record in California breaks down what to expect there.
- Serve the district attorney's office if your county requires notice, which many do.
- Wait for the ruling. Some counties grant uncontested petitions without a hearing; others schedule a brief court date.
- Receive the dismissal order. Once signed, your plea is withdrawn and the case is dismissed under 1203.4 or 1203.4a.
| Track | Statute | Eligibility wait | Result |
|---|---|---|---|
| Misdemeanor with probation | PC 1203.4 | After successful completion of probation | Plea withdrawn, case dismissed |
| Misdemeanor without probation | PC 1203.4a | 1 year from conviction date | Plea withdrawn, case dismissed |
Best for: anyone who completed probation cleanly uses the standard 1203.4 track. Best for: someone sentenced to a fine or short jail term with no probation uses 1203.4a and doesn't wait on a supervision period at all.
Misdemeanor with probation: eligible after successful completion
If a judge granted you probation on your misdemeanor, you become eligible to file the moment your probation term ends, provided you didn't violate its terms. Courts will also consider early termination of probation combined with an expungement petition in the same filing in many counties, which can shorten the overall timeline. This is the more common path since most California misdemeanors carry a probation term.
Misdemeanor without probation: eligible after 1 year under PC 1203.4a
Some misdemeanors resolve with a fine or a short jail sentence and no probation at all. For those cases, Penal Code 1203.4a sets a straightforward 1-year waiting period from the date of conviction, as long as you haven't picked up new charges and you've fulfilled the sentence. This track skips the probation-completion paperwork entirely, which is why it often moves faster once the one-year mark passes.
Why eligibility varies
Not every misdemeanor qualifies on the same timeline, and a few categories get excluded outright:
- Offense type — certain sex offenses and some vehicle code violations carry separate rules or exclusions.
- Probation status — completed vs. violated probation changes which statute applies.
- Pending charges — an open case anywhere in California blocks a new petition.
- Prior expungement denials — a denied petition doesn't bar a refiled one, but it changes the court's starting posture.
- Registration requirements — if your case carries a mandatory registration obligation, dismissal doesn't remove that duty.
- County-specific procedure — some counties require a hearing by default, others waive it for uncontested petitions.
Does an expungement erase the conviction completely?
No, a Penal Code 1203.4 dismissal withdraws your plea and dismisses the case, but the record still exists and can surface in specific circumstances — state licensing applications, certain government jobs, and sentencing enhancements if you're convicted of a new crime later. Most private employers and landlords, however, can no longer see the underlying conviction on a standard background check once the dismissal is granted.
Can a felony that was reduced to a misdemeanor also be expunged?
Yes, once a felony is reduced to a misdemeanor under Penal Code 17(b), it becomes eligible for the same 1203.4 dismissal process as any other misdemeanor. The reduction and the expungement are two separate petitions, and most attorneys file the reduction first, then the dismissal once the court re-classifies the case.
How long does a misdemeanor expungement take in California?
Timelines depend on the county and whether a hearing is scheduled, and the full breakdown of court-by-court variation lives on the how long an expungement takes page. Uncontested petitions in busier counties move faster than contested ones in 2026, since fewer courts require a live hearing for a clean case.
Talk through your 1203.4 petition
Get a straightforward read on your eligibility before you file anything.
FAQ
How do I expunge a misdemeanor in California?
You file a Petition for Dismissal (Form CR-180) under Penal Code 1203.4 with the court that sentenced you, after completing probation or, for cases without probation, after 1 year under PC 1203.4a. The court reviews the petition and, if granted, dismisses the case.
Does expungement remove a misdemeanor from a background check?
Yes, most standard employer and landlord background checks in California will no longer show a conviction dismissed under Penal Code 1203.4. State licensing boards and certain government positions can still see the underlying case.
How much does it cost to expunge a misdemeanor in California?
Court filing fees and related costs vary by county, and the full breakdown is covered separately since figures differ across jurisdictions in 2026.
Can I expunge a misdemeanor without a lawyer?
Yes, you can file Form CR-180 yourself directly with the sentencing court. Errors in eligibility documentation or missed service requirements are the most common reasons self-filed petitions get delayed or denied.
Does a misdemeanor expungement restore gun rights in California?
No, a Penal Code 1203.4 dismissal does not restore firearm rights on its own. Gun rights restoration after a conviction follows a separate legal process.
What's the difference between PC 1203.4 and PC 1203.4a?
PC 1203.4 applies to misdemeanors where probation was granted and completed. PC 1203.4a applies to misdemeanors with no probation, becoming eligible 1 year after conviction.
Can a DUI misdemeanor be expunged in California?
Yes, a misdemeanor DUI conviction is eligible for dismissal under Penal Code 1203.4 once probation is complete, though DMV records related to the conviction are handled separately from the court dismissal.
One last thing
The detail most people miss: an expunged misdemeanor still counts as a prior conviction if you're arrested again, and it still shows up on any application that legally requires disclosure regardless of civilian background checks. If firearm rights are the actual goal, dismissal under 1203.4 alone won't get you there — that's a separate filing, and the gun rights restoration process lays out what's required beyond the standard petition. I've walked clients through both filings together when it made sense for their case in 2026, and treating them as one step is the most common mistake I see in self-filed petitions.
