PC 148 misdemeanor
Clearing a resisting arrest conviction
This one clears easily and matters more than people expect, because of who tends to ask about it.
What makes this charge different
- The statute covers delaying or obstructing as well as resisting, so convictions often involve no physical resistance at all
- It is the charge most likely to be raised in peace officer and security licensing applications, where disclosure is still required after a dismissal
- It frequently appears as the only conviction left after other charges were dropped, which makes it the single thing standing between someone and a clean record
What this charge is
Penal Code 148(a)(1) makes it an offence to wilfully resist, delay or obstruct a peace officer or emergency medical technician in the discharge of their duties. In practice it covers a wide range, from pulling away to arguing at the wrong moment.
Felony or misdemeanour?
It is a misdemeanour.
Which relief applies
Straightforward. Completed probation goes to 1203.4; no probation goes to 1203.4a after a year. These are among the quickest petitions we file.
The thing to watch out for
Where you are going to use it. A dismissal does not relieve you of the duty to disclose the conviction when you apply for public office, for a state or local licence, or to contract with the State Lottery — and law enforcement hiring sees the case regardless. If you are applying to be a peace officer, a dismissal is still worth having, but it does not make the conviction invisible to that process.
The law that applies
- Expungement (PC 1203.4) — The court lets you withdraw your plea or sets aside the verdict, then dismisses the case, which releases you from most of the penalties of the conviction.
- Dismissal without probation (PC 1203.4a) — It gives the same dismissal as section 1203.4, for misdemeanour and infraction convictions where the court never granted probation.
Our flat fee for a case like this is $599, all in, with the court filing fee included. What that covers.
Common questions
I did not physically resist anyone.
The statute covers delaying and obstructing too, which is why so many of these convictions involve no physical resistance. It does not change eligibility.
Will this stop me becoming a security guard?
Not necessarily. Licensing bodies may not deny a licence based on a conviction dismissed under section 1203.4, though you may have to prove the dismissal if it does not show on the Department of Justice report.
Legal information on this page was last checked against primary sources in October 2026. California law changes; if you are reading this long after that date, confirm before you rely on it.