PC 1203.4a
Dismissal where no probation was granted (PC 1203.4a)
A surprising number of people are told they cannot clear a case because they were never on probation. The opposite is true — there is a statute written for exactly that situation.
What it does
It gives the same dismissal as section 1203.4, for misdemeanour and infraction convictions where the court never granted probation.
What it does not do
The limits are identical to a 1203.4 dismissal: no erasure, no firearm rights, and the same three disclosure situations.
Plenty of California misdemeanours end without probation. You pay a fine, you do the class, the case closes, and nobody ever puts you on supervision. Section 1203.4a exists for those cases, and it is the statute people most often do not know about.
The one-year wait, and where it runs from
Unlike a 1203.4 petition, this one has a waiting period: a year from the date of judgment, not from when you finished paying. If the case is older than that, which it usually is by the time someone starts looking into this, the wait is already behind you.
'An honest and upright life'
The statute uses that phrase, which sounds more daunting than it is in practice. It means you have not picked up new convictions and have complied with what the court ordered. It is not a character examination, and it does not mean unpaid fines count against you — California law separately says unpaid restitution is not grounds for finding you failed to comply.
Infractions count too
Infractions are easy to forget about until one shows up on a background check and you find yourself explaining a decade-old citation. They fall squarely under this statute, and they are the cheapest thing we handle.
Who qualifies
- The conviction was a California misdemeanour or infraction
- You were not granted probation on that case
- At least one year has passed since the date of judgment
- You have complied with the sentence
- You are not serving a sentence or facing charges on any case
- You have lived an honest and upright life since the judgment
Who does not
- Felony convictions, which go through 1203.4, 1203.41 or 1203.42 instead
- Cases where probation was granted, which belong under 1203.4
- The same excluded offences that 1203.4 lists
The forms and how long it takes
Filed on CR-180, CR-181.
- CR-180 — Petition for Dismissal
- CR-181 — Order for Dismissal
Similar to a 1203.4 petition — roughly two to four months, depending on the county and whether a hearing is set.
Our flat fee for this is $599, all in, with the court filing fee included. See what that covers.
Common questions
I only paid a fine. Is that 'no probation'?
Usually yes. If the court never placed you on formal or informal probation and simply imposed a fine or a fee, section 1203.4a is the right statute. Your court docket will say which it was, and the records review settles it before anything is filed.
Does the year run from the conviction or from when I paid everything off?
From the date of judgment. Paying later does not restart it.
What if I was on summary or informal probation?
Then you were on probation, even though nobody supervised you, and the petition goes under section 1203.4 instead. The relief is the same; it is the statute cited that changes.
Related relief
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.