You did what the court asked. You paid your fines, completed probation, kept your head down, and moved on—or tried to. But every time you apply for a job, volunteer at your child’s school, or fill out a rental application, your record shows up and drags the past into the present. It is exhausting. You want relief. You want peace.
So, what now?
California Penal Code section 1203.4 may be the answer. Known as the state’s dismissal law (sometimes erroneously referred to as an “expungement”), it gives people who have completed probation the chance to petition the court to clear their record in many cases. It is not a complete erasure of your record, and it is not available to everyone, but it can be a decisive step toward restoring your reputation and reclaiming your future.
At The Law Offices of Kerry L. Armstrong, APLC, we help people navigate the maze of post-conviction relief every day. And if you qualify under Penal Code section 1203.4, we will fight to ensure your worst mistake does not define your story.
What Is California Penal Code Section 1203.4?
Let’s break it down. California Penal Code section 1203.4 allows certain individuals convicted of a misdemeanor and even many felonies to petition the court to withdraw their guilty or no-contest plea and have the case dismissed. If the judge grants the petition, the court updates your record to show that the judge dismissed the charges in the interests of justice. It does not seal your record or erase it. However, it can:
- Improve your employment prospects,
- Reduce housing barriers,
- Protect you from discrimination, and
- Allow you to say in most private situations that you were not convicted.
This remedy is often erroneously referred to as expungement, though technically, it is a dismissal. Still, for many, that distinction is far less important than the fresh start it offers.
Who Qualifies Under the Penal Code Section 1203.4?
Not everyone qualifies, but many people do. To be eligible for relief under Penal Code section 1203.4, you must typically meet the following criteria:
- Conviction—you were convicted in California of a misdemeanor or an eligible felony;
- Completed your sentence—you successfully completed probation, including all terms like restitution, classes, and community service; and
- No new charges—you are not currently charged with a new offense, on probation, or serving time for another crime.
This law excludes relief if you were charged with certain serious offenses, like many sex crimes. But for most non-violent offenses, this form of relief is available. If you are unsure whether your case qualifies, a knowledgeable defense attorney at The Law Offices of Kerry L. Armstrong, APLC, can help you review your record and assess your options.
What Does a Dismissal Under California Penal Code Section 1203.4 Actually Do?
Getting a dismissal under California Penal Code section 1203.4 changes your official court record. Once granted:
- The judge sets aside your guilty plea or conviction,
- The judge dismisses your case,
- Most private employers can no longer use the conviction against you (as set forth in the California Labor Code), and
- In many applications, you can now legally answer “no” when asked if you have been convicted of a crime.
However, some limitations still apply. A dismissed conviction may still:
- Count as a prior criminal offense in any future sentencing,
- Be used against you in immigration cases, and
- Affect professional licenses or government job eligibility.
Even so, the benefits can be life-changing, especially if you are ready to move forward and need that legal clean slate to do it. Imagine applying for a job, and for the first time in years, you do not have to explain that conviction. Think of what it would be like to enroll in a professional program without fear of being rejected based on a background check, or to walk into court for a family matter without being shadowed by your past. And while it will not rewrite history, such a dismissal can give you back something just as powerful—agency over your future.
What’s the Process of Petitioning Under Penal Code Section 1203.4?
Here is how it works if you are eligible:
- Gather your records—you will need to give your attorney the details of your conviction, including the case number, court, and date (if you have it);
- Prepare the petition—you will need to have your attorney prepare the petition, i.e., the document requesting relief under Penal Code section 1203.4;
- Submit your petition—your attorney must file the petition with the court and serve the papers on the necessary parties;
- Attend a hearing, if required—some courts require hearings, while others rule on the paperwork alone; and
- Get your results—the judge will dismiss the conviction from your record if they grant the petition.
The process can take a few weeks to several months, depending on the county. But once complete, you will have the legal standing to reclaim your life from the weight of that conviction.
Why Choose The Law Offices of Kerry L. Armstrong, APLC?
You need more than paperwork when your record and future are on the line. You need a team that understands the law, the stakes, and the human cost.
Here’s why Californians trust us:
- One or more of our lawyers have been named Lawyer of Distinction, Best Lawyers, California Super Lawyers, and Super Lawyers Top 50 in San Diego;
- Our firm has landed on the Best Law Firms list, which is an elite honor;
- Kerry L. Armstrong is one of the few criminal defense attorneys in San Diego County certified by the State Bar of California’s Board of Legal Specialization in Criminal Law;
- Armstrong also holds a Martindale-Hubbell AV-preeminent rating, the highest peer-rated recognition for professional excellence;
- Major national news outlets have featured our work; and
- We’ve tried over 100 cases to jury trial and provide free consultations for post-conviction relief.
We know that your case is not just paperwork; rather, it is personal. And we take that seriously.
You Are More Than Your Record
A mistake should not define the rest of your life. If you have done the work, completed probation, and stayed out of trouble, California law gives you a way to turn the page.
At The Law Offices of Kerry L. Armstrong, APLC, we are ready to help you write a new chapter. We have seen what a granted dismissal can do: the weight it lifts, the freedom it restores, and the doors it opens. Numerous clients who hired our firm are now employed simply because the court granted their dismissal peititon.
Contact us today to schedule a complimentary consultation. We will walk you through your eligibility, prepare your petition, and fight for your future as if it were our own, because we know how much it matters.
Kerry L. Armstrong
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