Criminal Record Expungement – California Penal Code § 1203.4

What Is Expungement?

Expungement under Penal Code § 1203.4 allows someone who was granted probation to petition the court to withdraw their plea (or set aside a verdict) and dismiss the conviction. Once granted, the record is sealed for many purposes, and the person is released from most—but not all—penalties or disabilities associated with the conviction.

However, recent reforms have expanded record relief beyond classic expungement motions. Automatic sealing and expanded petition relief now coexist with § 1203.4, giving more people access to record clearing than before.

Who Is Eligible Under § 1203.4 — Revised Criteria

To be eligible under the traditional § 1203.4 route, you generally must satisfy the following:

You were placed on probation (or a comparable disposition) rather than directly imprisoned for the conviction.
You have completed all terms of your sentence, including jail time, fines, restitution, community service, and probation supervision.
You are not currently serving a sentence for another case, nor on probation, parole, or other supervision.
You do not have pending criminal charges.
For split sentences, you must wait one year after completing the custody portion before applying.

Traditionally, if you served time in state prison for the case, you were ineligible under § 1203.4. Because of recent changes, however, serving in state prison no longer automatically bars all relief options (see below).

Expanded Relief Under New Laws

§ 1203.41 – Petition Relief for State Prison Cases (SB 731)

Under SB 731, PC § 1203.41 now allows individuals who were sentenced to state prison (including felony convictions) to petition for dismissal, assuming they meet several conditions. This expansion means someone who formerly would have been excluded solely because of a prison term may now qualify. The statute excludes serious or violent felonies and offenses requiring sex offender registration.

The court may grant this relief only if the person is off supervision, is not serving any sentence, and it’s in the interest of justice. Also, it does not restore firearm rights or waive the requirement to disclose the conviction for certain licensing or public office questions.

Penal Code § 1203.42 — Post-Realignment Expungement for Older State Prison Cases

California Penal Code § 1203.42 provides a special path for expungement for people who served a state prison sentence before the 2011 Public Safety Realignment Act (Proposition 47). Under Realignment, many crimes that once required state-prison terms are now punishable in county jail under Penal Code § 1170(h).

§ 1203.425 – Automatic Conviction Relief (Starting October 1, 2024)

Beginning October 1, 2024, the Department of Justice must automatically identify and grant “conviction relief” (sealing / dismissal notation) for eligible convictions—without needing a motion—provided certain criteria are met (e.g., no active supervision, not a sex-offender case, and the waiting period has elapsed). This “automatic record relief” operates in the background and limits dissemination of the record.

Under § 1203.425, a person may be relieved from many penalties and disabilities of a conviction, subject to statutory exceptions (e.g., for public safety, licensing, firearm laws).

§ 851.93 – Automatic Arrest Relief

Under PC § 851.93, certain arrests that did not lead to convictions may also be automatically sealed after statutory waiting periods, expanding relief to non-conviction records. See also our article on sealing a record of an arrest yourself.

How the System Works Together (2025 Reality)

If you meet classic § 1203.4 eligibility, you may file a petition to expunge.
If you were sentenced to prison, § 1203.41 may give you a path to dismissal (if not a disqualifying offense).
DOJ’s automatic relief rules (§ 1203.425 / § 851.93) will eventually apply to your record if it meets eligibility, regardless of whether you file a motion.
Courts and criminal justice agencies must update their records and limit disclosure once relief is granted under these statutes.

Thus, “prison sentence no longer automatically disqualifies you” is now (partially) true under § 1203.41 for many offenses.

Benefits of Expungement or Relief

You may legally state that the conviction was dismissed (in many cases).
The public and many private entities (employers, landlords) will typically not see the conviction in background checks (subject to some statutory exceptions).
It may remove barriers in employment, housing, education, and licensing.
Some licensing boards must now consider relief or sealing status under the new statutes.
Caveat: Relief does not automatically restore firearm rights, override criminal justice agency access, or eliminate obligations to disclose under certain state or licensing laws.

Common Obstacles and Caveats

Serious/Violent felony exclusions: Many reforms exclude convictions defined as serious or violent, or those requiring sex offender registration.
Active supervision or pending charges: You must be fully off supervision and without unresolved cases.
Court discretion: Even if you satisfy statutory criteria, a judge may deny relief under § 1203.41 or § 1203.4 if they deem it not in the interest of justice.
Statutory waiting periods: Waiting periods vary—e.g., 4 years in many felony cases before automatic relief is available.
Disclosure obligations: Relief does not always relieve every disclosure requirement (especially for public office, licensing, peace officer employment).
No immediate effect on firearm rights: Dismissal or sealing does not restore gun rights in most cases.

Why You Should Hire Radford & Rome, LLP

Expungement and automatic relief under the recent laws are powerful, but navigating them requires precision. At Radford & Rome, LLP, our attorneys are former prosecutors who see how courts evaluate relief, how DOJ implements automatic review, and how prosecutors resist sealing motions. We draft motions, monitor DOJ audits, coordinate with courts and criminal justice agencies, and keep you informed every step of the way.

If you or someone you know is pursuing record expungement or automatic relief under SB 731, contact Radford & Rome, LLP for a free consultation. We’ll assess your eligibility, advise the best strategy, and fight to clear your record legally and fully.