Petition for Dismissal - Penal Code §§ 1203.4 & 1203.4a
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 1203.4a. 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.
The petitioner may be ordered to reimburse the court for the cost of processing each petition, whether the petition for dismissal is granted or denied. The fee for a misdemeanor is $60.00; the fee for a felony is $120.00. Those who will be asking the court to waive costs based on inability to pay, must fill out a Financial Declaration (SDSC Form # ADM-227) and present it at the time the petition is filed. The Financial Declaration will be kept confidential.
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. An information packet is available here: Certificate of Rehabilitation and Pardon Instruction Packet (SDSC Packet # PKT-016)