California Expungement Attorney: Your Complete Guide
California Penal Code § 1203.4 allows millions of Californians to withdraw their guilty plea or verdict and have their case dismissed - giving them the ability to say "no" on most job applications about prior convictions. Here's everything you need to know about California expungement.
By Anthony WillEst. 2013Published May 27, 2026Read time: 10 min
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California expungement under PC § 1203.4 is technically a "dismissal" - you withdraw your guilty plea or verdict, re-enter a not-guilty plea, and the court dismisses the case. This is different from states that destroy or seal records. In California: For more information, visit the California Courts.
The case history remains in court records but shows "dismissed" in the disposition
You can legally deny the conviction on most private-sector employment applications
The record may still appear in background checks that pull from the court directly
It does NOT apply to state licensing boards, government jobs, or law enforcement positions
It does NOT restore firearm rights
Who Qualifies for California Expungement
Under PC § 1203.4, you qualify if:
Your record is probably showing in more places than you realize - and each one can be addressed.
Most people who reach out to us had no idea how many places their record had spread. Justia, Google Scholar, UniCourt, background check sites - each one a new place where employers, landlords, or dates might find you. A free scan shows you exactly where you stand, so you can do something about it.
You were placed on probation (formal or informal) and have successfully completed it, OR
You were convicted of a misdemeanor and received a jail sentence (no probation) and have completed it
You have no new criminal charges pending
You completed all conditions of your sentence (fines paid, community service done, restitution paid)
Additional route: PC § 1203.4a applies to people who received a straight jail sentence without probation - slightly different eligibility criteria. Learn more about expungement vs. record sealing on our blog.
NOT eligible: State prison sentences (unless sentenced under realignment - Prop 47, Prop 36), violent felonies under PC § 667.5(c), and sex offenses requiring registration under PC § 290. Learn more about court record removal on our blog.
Cost of a California Expungement Attorney
Case Type
Attorney Fee
Court Filing Fee
Single misdemeanor
$700–$1,800
$120–$400
Felony (reducible to misdemeanor)
$1,200–$2,500
$120–$400
Multiple cases
$1,500–$3,500
Multiple fees
DUI expungement (PC 1203.4)
$800–$2,000
$120–$400
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File a petition for dismissal (CR-180 form) in the superior court where convicted
Pay the filing fee or request a fee waiver
Serve notice on the District Attorney's office
Attend any hearing (many are granted without a hearing)
Receive signed order from the judge
File certified copies with the court clerk and California DOJ
California DUI Expungement (PC 1203.4)
First-offense misdemeanor DUI is one of the most commonly expunged offenses in California. Eligibility: completed probation, all fines paid, no new offenses. The expungement dismisses the case, allowing you to deny the conviction on most applications. Note: the California DMV maintains its own record independently - driving record restoration is a separate process. For more information, visit the California Legislature.
After California Expungement: Online Records
California expungement updates official court records to show "dismissed" - but this often shows up on background check sites and Google as both the original conviction AND the subsequent dismissal. Many people find their expungement actually surfaces both entries in search results. Removing the overall court record from Google and legal databases requires separate action targeting each platform. For more information, visit the California Bar.
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Frequently Asked Questions
What is a California PC 1203.4 expungement?
Penal Code 1203.4 allows California residents who successfully completed probation (or had probation terminated early) to petition the court to withdraw their guilty plea, enter a not guilty plea, and have the case dismissed. The result is a dismissal - the conviction itself is withdrawn. It's called an expungement though the record isn't destroyed; it's updated to show a dismissal. PC 1203.4 applies to most misdemeanors and many felonies reduced to misdemeanors.
Who qualifies for a California PC 1203.4 expungement?
You qualify if: (1) you were convicted of a misdemeanor or felony; (2) you successfully completed probation (or probation was terminated early); (3) you are not currently on probation, serving a sentence, or charged with a new offense; and (4) your conviction was not for a serious sex offense or other categorically excluded offense. Felonies that resulted in state prison sentences (not county jail under Realignment) require a different petition under PC 1203.42 or 17(b).
How much does a California expungement attorney cost?
California expungement attorney fees typically range from $700 to $2,500 for a straightforward PC 1203.4 petition. Cases involving multiple charges, felony reduction requests (PC 17(b)), or complicated probation histories cost more. Court filing fees are typically $150–$400 depending on the county. Many attorneys offer payment plans; income-qualified applicants may receive free help through legal aid.
How long does the California expungement process take?
After filing, California courts typically schedule a hearing within 30–60 days. Straightforward cases - where probation was successfully completed and there are no objections - often resolve in the first hearing. More complex cases, or courts with heavier backlogs (some LA County courts), may take 4–6 months. After the order is granted, the court updates its records within 30 days, and the Department of Justice updates DOJ records within 30 days of notification.
Does California PC 1203.4 expungement clear a DUI?
Yes, in most cases. First-offense DUI convictions where probation was completed are generally eligible for PC 1203.4 dismissal. However, the DMV record of your DUI conviction is separate from the criminal court record and is not affected by PC 1203.4 expungement. Your DMV record will continue to show the DUI for the applicable period (typically 10 years for DUI-related license actions). The criminal record dismissal affects background checks but not your driving record.
Will a California expungement remove my record from Google?
No - PC 1203.4 expungement updates official California court and DOJ records but has no effect on Google, Justia, CourtListener, background check aggregators, or other internet databases. Those platforms scraped and cached your case before expungement. Removing your record from online sources requires separate action targeting each platform - submitting your dismissal order as documentation to data brokers, requesting Google de-indexing, and contacting legal databases directly.
Can a California expungement attorney reduce a felony to a misdemeanor?
Yes. Many California felonies can be reduced to misdemeanors under PC 17(b) before pursuing expungement, which provides stronger protection. PC 17(b) reduction requires filing a separate petition and demonstrating factors like successful probation completion, the nature of the offense, and your post-conviction conduct. A California expungement attorney handles both the 17(b) reduction and the subsequent PC 1203.4 dismissal in a coordinated strategy.
Where can I verify California expungement law and eligibility?
California expungement law is codified at Penal Code sections 1203.4–1203.4b. You can read the full statute at the California Legislative Information site (leginfo.legislature.ca.gov). The California Courts website (courts.ca.gov) provides self-help resources and forms. The California State Bar (calbar.ca.gov) operates a Lawyer Referral Service for finding qualified expungement attorneys in your county.