Petition for Dismissal - Penal Code §§ 1203.4 & 1203.4(a)
The petition for dismissal (expungement) process is available to all defendants who are convicted of a crime that meets the criteria listed in Penal Code §§ 1203.4 and 1203.4(a). Ineligible violations are listed in Penal Code §1203.4(b). General information and the required forms are available in the form packets below.
The Petition for Dismissal form (SDSC Form # CRM-204) (included in forms packets PKT-026 and PKT-027 below) must be completed in its entirety and filed in the court in which the matter was adjudicated. It is the petitioner's responsibility to serve the prosecuting agency with any petitions filed.
Form packets for felonies and misdemeanors are available below:
- Misdemeanor Petition for Dismissal Packet (Penal Code §§ 1203.4 and 1203.4a) (SDSC Packet # PKT-026)
- Felony Petition for Dismissal Packet (Penal Code § 1203.4) (SDSC Packet # PKT-027)
- Financial Declaration (SDSC Form # ADM-227)
If the court grants a petition for dismissal, the defendant may be eligible for a Certificate of Rehabilitation pursuant to Penal Code § 4852 et seq. For more information, please refer to the Certificate of Rehabilitation and Pardon Instruction Packet (SDSC Packet # PKT-016)