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Petition for Dismissal Under PC §1203.4

Learn about eligibility requirements, required forms, and the process for requesting dismissal of a California conviction.

What a Dismissal Does

A dismissal under Penal Code §1203.4 allows your criminal case to be reopened, the conviction to be withdrawn and set aside, and the case to be closed again without a conviction.

A dismissal may allow you to state that your conviction was dismissed when applying for many private-sector jobs. However, the court record remains, and the dismissal will continue to appear on your criminal history.

When You Must Disclose a Conviction and Dismissal

You must disclose the conviction and dismissal when applying for:

  • A government job
  • A position requiring a security clearance
  • A government-issued license, certificate, or permit

Government licensing agencies may require disclosure even after a dismissal has been granted.

What a Dismissal Does Not Do

A dismissal does not:

  • Remove the conviction from California or FBI criminal history records
  • Restore the right to possess firearms
  • Allow you to omit the conviction from government license, certificate, or permit applications
  • Seal the court file from public inspection
  • Prevent the conviction from being considered as a prior conviction for future sentencing enhancements
  • Prevent the conviction from being used to challenge your credibility if you testify in court
  • Prevent a government agency from denying or revoking a license or permit based on the conviction
  • Prevent U.S. Citizenship and Immigration Services from considering the conviction for immigration purposes

Frequently Asked Questions

You may be eligible to request dismissal of a conviction under California Penal Code §1203.4. Eligibility depends on whether you received probation and whether you have met the requirements of your sentence.

If You Received Probation

The court will dismiss your conviction if:

  • You successfully completed probation or were granted early termination of probation.
  • You are not currently serving another sentence or on probation for another offense.
  • You are not currently charged with another offense.

If You Were Not Granted Probation

You may be eligible if:

  • Your conviction was a misdemeanor.
  • At least one year has passed since the date of conviction.
  • You fully complied with all court-ordered terms of your sentence.
  • You are not currently serving another sentence.
  • You are not currently charged with another offense.
  • You have obeyed the law and lived an honest and upright life since your conviction.

When the Court Has Discretion to Grant a Dismissal

You may still be eligible if you received probation but:

  • You were not granted early termination of probation.
  • You did not complete all probation conditions.
  • You were convicted of an offense listed under California Vehicle Code §12810(a)–(e).

In these situations, the court may choose to grant a dismissal if:

  • You have paid all fines, restitution, and reimbursements ordered as part of your sentence.
  • You are not currently charged with, on probation for, or serving a sentence for another offense.

The court will review your circumstances and determine whether dismissal is appropriate.

You are not eligible for dismissal under California Penal Code §1203.4(a) if you were convicted of any of the following offenses:

  • A misdemeanor covered under California Vehicle Code §42001(b)
  • A violation of California Penal Code §286(c), §288, §288a(c), §288.5, or §289(j)
  • A felony violation of California Penal Code §261.5(d)
  • Any infraction

If your conviction falls into one of these categories, you may not qualify for dismissal under Penal Code §1203.4(a).

Process

Before beginning the process of requesting dismissal, you must first review your criminal record to confirm your conviction information and case details.

Your criminal record information may be obtained from several sources, including:

  • Court documents received at the time of your conviction
  • The Superior Court where your conviction occurred
  • The California Department of Justice (DOJ), Criminal Records Division — The DOJ maintains statewide California criminal history information.

The California Department of Justice Criminal Records Division is located at:

4949 Broadway, First Floor Fingerprinting Office
Sacramento, CA

Phone: (916) 227-3400

A fee is required to obtain records from the California Department of Justice, and processing may take several weeks for records to be delivered by mail.

Once you have obtained your criminal record, complete the required forms to begin your request for dismissal of your conviction.

You will need to complete the following documents:

After completing the forms, prepare two (2) copies of the Petition for Dismissal for filing and your records.

Before filing your Petition for Dismissal with the Court, you must provide a copy of the Petition to the appropriate agencies.

Serve the District Attorney’s Office

Provide a copy of the Petition to the:

Tulare County District Attorney’s Office

Locations:

  • Visalia Courthouse: Room 224, 2nd Floor
  • Porterville Office: 16 E. Olive Ave., Porterville

The District Attorney’s Office will keep a copy of the Petition for its records and will sign the Acknowledgment of Receipt.

Additional Service Required for Felony Convictions

If your Petition is for a felony conviction, you must also provide a copy of the Petition to the:

Tulare County Probation Office

Locations:

  • Visalia Office: 3241 W. Noble Ave., Visalia
  • Porterville Office: 1055 W. Henderson, Suite 7, Porterville

The Probation Office will keep a copy of the Petition for its records and will sign the Acknowledgment of Receipt.

After serving a copy of your Petition for Dismissal, file the required documents with the Court.

Submit the following documents:

  • Petition for Dismissal (Form CR-180)
  • Blank Order for Dismissal (Form CR-181)
  • Completed Acknowledgment of Receipt – Petition and Order for Dismissal under Penal Code §1203.4 or §1203.4(a)

You may file your documents at either of the following Clerk’s Offices:

County Civic Center – Visalia Courthouse
Room 124, 1st Floor

South County Justice Center- Porterville
Criminal Motions Window, 1st Floor

After your Petition is filed, the Clerk’s Office will provide you with a court date for your request.

Appear before the Court on the scheduled hearing date provided by the Clerk’s Office.

At the hearing, the Court will review your request for dismissal, consider any information or evidence submitted, and determine whether to grant or deny the request.