Your case was dismissed. You breathe a sigh of relief, assuming your record is clean. Then a background check comes back showing the arrest and the charges. The job offer disappears. The apartment falls through.
This is one of the most common and painful misunderstandings in criminal law. A dismissal and an expungement are not the same thing. Confusing the two can cost you real opportunities.
This guide explains exactly what each term means, how they differ, what each one does to your record, and what California law allows you to do to actually clean your slate.
What Does It Mean When a Case Is Dismissed?
A dismissal means the criminal charges against you were dropped before a conviction ever occurred. The case ended without a guilty verdict, without a sentence, and without you being convicted of anything.
Dismissals can happen at several points in the process:
At arraignment – The first court appearance. A defense attorney may argue the charges should never have been filed.
During preliminary hearing – If the prosecution cannot show enough evidence to move forward, a judge can dismiss the case.
During trial – New evidence, procedural violations, or insufficient proof can lead to mid-trial dismissal.
As part of a plea deal – A prosecutor may agree to dismiss one charge in exchange for a guilty plea on another.
Common reasons cases are dismissed –
- Lack of evidence to support the charge
- An illegal search or seizure that taints the evidence
- Violation of your constitutional rights
- Statute of limitations has expired
- Lack of probable cause for the arrest
- Defects in the criminal complaint
Dismissed with prejudice vs without prejudice –
These are not the same outcome. Dismissed with prejudice means the case is permanently closed. The prosecution cannot refile the same charges. Dismissed without prejudice means the prosecution may be able to refile later if new evidence emerges or procedural issues are corrected.
What Does Expungement Mean?
Expungement is the legal process of clearing a conviction from your criminal record after you have already been convicted, sentenced, and completed your sentence or probation.
This is the key distinction from a dismissal: expungement happens after a conviction. You were found guilty. The case ran its course. Now, after meeting certain requirements, you are asking the court to clear the record.
In California, there is technically no true expungement.
What California calls an expungement is actually a dismissal of a conviction under Penal Code 1203.4. The process works like this: you withdraw your original guilty or no contest plea, the court accepts a not guilty plea in its place, and then the court dismisses the charges.
This is why California’s version is called a post-conviction dismissal. It uses the word “dismissal” but it is a completely different process from a pre-conviction dismissal of charges. Same word, very different timing and meaning.
Dismissal vs Expungement- The Core Difference
The simplest way to understand the difference is timing.
Dismissal – Happens before a conviction. You were never found guilty. No sentence was imposed.
Expungement (PC 1203.4 in California) – Happens after a conviction. You were found guilty. You completed probation or your sentence. Now you are petitioning to clear it.
| Dismissal | Expungement (PC 1203.4) | |
| When it happens | Before conviction | After conviction |
| Were you convicted? | No | Yes |
| Does it clear your record? | Not automatically | Yes, with limitations |
| Do you apply for it? | No — court or prosecutor initiates | Yes — you petition the court |
| California term | Case dismissed | PC 1203.4 dismissal |
| Shows on background checks? | Sometimes still shows | Sometimes still shows |
Both can leave traces on your record. Neither one automatically makes everything disappear. That is what the next sections explain.
Is a Dismissed Case Still on Your Record?
Yes. This is the part that surprises most people.
When you are arrested and charged, that information is recorded. The arrest goes into your record. The charges go into your record. Even if the case is later dismissed, the underlying documentation of the arrest and charges does not automatically disappear.
A standard background check can still surface a dismissed case. Employers, landlords, and licensing boards may see the arrest and charges even if you were never convicted of anything.
Why dismissed charges stay on record –
The dismissal ends the criminal case. It does not erase the fact that an arrest occurred, that a case was filed, or that charges existed. Those are separate records maintained by law enforcement agencies and courts.
What you can do about it in California –
California allows you to petition to seal an arrest record separately under Penal Code 851.91. If your arrest did not lead to a conviction, you may be eligible to have that arrest record sealed so it does not show up on background checks.
The California Clean Slate Act (Senate Bill 731), which took effect in July 2024, also provides for automatic sealing of certain records over time, including arrests that did not lead to convictions.
Can Dismissed Charges Be Used Against You?
Generally, dismissed charges cannot be used as evidence of guilt in a new criminal trial. If the case was dismissed, it was not proven, and it cannot be treated as proof of wrongdoing.
However, dismissed charges can still affect you in several ways:
Background checks – Employers, landlords, and licensing boards may see the dismissed charge. They cannot treat it as a conviction, but their reaction is not always consistent with that standard.
Sentencing in future cases – If you are convicted of a later offense, a prosecutor may reference prior dismissed charges during sentencing to argue for a harsher sentence. Courts have discretion in how much weight they give this.
Immigration proceedings – Immigration law treats criminal records differently from criminal law. A dismissed charge, particularly one involving drugs or moral turpitude, can still create complications for visa renewals, green card applications, or naturalization. If you are not a U.S. citizen, even a dismissed charge should be discussed with an attorney who understands both criminal and immigration law.
Professional licensing – Licensing boards for nurses, teachers, contractors, and other professions often conduct their own investigations. They may ask about arrests regardless of outcome and make independent assessments.
What Does a California Expungement (1203.4) Actually Do?
A PC 1203.4 dismissal does not erase your record in the way most people imagine. It changes what is on your record in a specific, limited way.
What it does –
- Withdraws your original guilty or no contest plea
- Enters a not guilty plea in its place
- Dismisses the conviction
- Allows you to legally state you were not convicted in most non-government job applications
- Removes the conviction from most standard background checks run by private employers
What it does NOT do –
- Firearms rights – A 1203.4 dismissal does not restore your right to own or possess firearms. This applies to both felony and many misdemeanor convictions under California and federal law.
- Professional licensing boards – Licensing boards for healthcare, law, real estate, education, and other fields can still see the expunged conviction and consider it in licensing decisions.
- Government jobs and security clearances – Federal employers, law enforcement positions, and jobs requiring security clearances require full disclosure of all convictions, including dismissed ones.
- Immigration – The 1203.4 dismissal does not eliminate immigration consequences. Federal immigration law looks at the original conviction regardless of state court dismissal.
- Sex offender registration – If you are required to register under Penal Code 290, a 1203.4 dismissal does not end that obligation.
- The arrest record – The dismissal of the conviction does not automatically seal the underlying arrest record. A separate petition under PC 851.91 may be needed.
Who Qualifies for a California 1203.4 Dismissal?
Not everyone is eligible. To qualify for a PC 1203.4 dismissal in California, you generally must meet all of the following:
Completed probation – You successfully completed your probation term, or the court granted early termination of probation.
No new convictions – You were not convicted of a new criminal offense while on probation.
Paid all financial obligations – Court-ordered fines, fees, and restitution have been paid in full.
No state prison sentence – You did not serve time in state prison for the conviction. Sentences served in county jail are generally eligible.
Ineligible convictions –
- Sex offenses requiring registration under Penal Code 290
- Serious felonies where state prison time was served
- Certain vehicle code violations are at the court’s discretion
The California Clean Slate Act (SB 731) –
Senate Bill 731, effective July 2024, expanded expungement eligibility significantly. It now allows many people with felony convictions, including some violent offenses, to petition for expungement. It also requires the California Department of Justice to automatically seal certain nonviolent, non-serious felony records after a waiting period. If you were previously told you were not eligible, it is worth checking again under the new law.
Sealed vs Expunged- What Is the Difference?
These two terms are often used interchangeably but they are not the same thing.
Sealed – The record still exists. It has not been destroyed or dismissed. However, it is restricted from public access. Most background checks will not surface it. Law enforcement agencies, courts, and certain government entities can still access a sealed record.
Expunged (or dismissed under 1203.4 in California) – The conviction is formally dismissed and set aside. In some states, the physical records may be destroyed. In California, the record is still maintained but the conviction status changes from guilty to dismissed.
Which is better?
Sealing is generally easier to obtain and more widely available. Expungement under 1203.4 is more powerful in terms of what you can say on job applications, but it has more eligibility requirements.
California also allows sealing of arrest records –
Under Penal Code 851.91, if you were arrested but never charged, or if charges were filed and then dismissed, you may petition to seal the arrest record. If granted, the arrest does not appear on most background checks and you may legally say the arrest did not occur.
| Sealed Record | Expunged / PC 1203.4 | |
| Record destroyed? | No | No (in California) |
| Public background check | Does not show | Does not show |
| Law enforcement access | Yes | Yes |
| Government job disclosure | Required | Required |
| Conviction status | Unchanged | Changed to dismissed |
| Firearm rights restored? | No | No |
Other Post-Conviction Relief Options in California
If you do not qualify for a 1203.4 dismissal, or if you need more complete relief, California offers additional options.
- Reduction from felony to misdemeanor (PC 17b) –
For wobbler offenses, which are crimes that can be charged as either a felony or a misdemeanor, you can petition the court to reduce the conviction to a misdemeanor. Once reduced, the conviction may become eligible for a 1203.4 dismissal. - Early termination of probation –
You can petition the court to terminate probation early if you have substantially complied with all conditions. This can open eligibility for a 1203.4 dismissal sooner. - Certificate of Rehabilitation –
Available after a waiting period that depends on the offense. The certificate is an official court recognition of your rehabilitation and can serve as an application for a Governor’s Pardon. - Governor’s Pardon –
A pardon forgives the conviction and can restore certain rights, including firearm rights in some cases. It does not erase the conviction from your record but carries significant moral and practical weight. - Automatic sealing under SB 731 –
Certain nonviolent, non-serious felony records are automatically sealed by the California Department of Justice after a set waiting period under the Clean Slate Act. You do not need to petition for this.
Practical Steps After a Dismissal or Expungement
After a pre-trial dismissal of charges –
Do not assume your record is automatically clean. Run a background check on yourself to see what appears. If the arrest still shows, consult an attorney about petitioning for a record seal under PC 851.91. Even with a dismissal, proactive steps are often needed to protect your record.
After a 1203.4 expungement –
Update your understanding of what you can say on applications. For most private employer applications asking about convictions, you can now answer no. For government jobs, security clearance positions, and professional licensing applications, you must still disclose the original conviction.
Notify the relevant licensing board if you have a professional license under review. The dismissal may not resolve the licensing issue automatically, but it is a positive factor the board can consider.
Know who can still see your record. Law enforcement, immigration authorities, government employers, and professional licensing boards retain access even after a 1203.4 dismissal.
Frequently Asked Questions
Does a dismissed case still show up on a background check?
It can. The arrest and the charges become part of your record even if the case was dismissed. To prevent this from appearing, you may need to separately petition to seal the arrest record under California Penal Code 851.91.
What does expungement mean in California?
In California, expungement is technically a post-conviction dismissal under Penal Code 1203.4. It withdraws your guilty plea, enters a not guilty plea, and dismisses the conviction. It does not erase the record entirely but removes the conviction from most private employer background checks.
Can dismissed charges be used against you?
They cannot be used as proof of guilt in a criminal trial. However, they can appear on background checks, be referenced in sentencing for later offenses, create complications in immigration proceedings, and be considered by professional licensing boards.
What is the difference between sealed and expunged?
A sealed record still exists but is hidden from public access. An expunged conviction in California is formally dismissed. Neither fully erases the record. Law enforcement and government agencies can still access both.
Who qualifies for a 1203.4 dismissal in California?
You must have completed probation, avoided new convictions during probation, paid all fines and restitution, and not served state prison time. Certain sex offenses and serious felonies are not eligible.
Does expungement restore gun rights in California?
No. A 1203.4 dismissal does not restore your right to own or possess firearms under California or federal law.
What is the California Clean Slate Act?
Senate Bill 731, effective July 2024, expanded expungement eligibility and requires automatic sealing of certain nonviolent felony records after a waiting period. It significantly broadened who can seek relief in California.
Contact a Bakersfield Criminal Defense Attorney
Whether your case was dismissed or you are looking to expunge a conviction, the path to a clean record in California is rarely automatic. The process requires knowing which petition to file, whether you are eligible, and how to present your case to the court.
Kern County courts have their own procedures, and local knowledge matters when filing these petitions. An attorney who handles record clearing regularly in Bakersfield knows what the courts expect and how to give your petition the best chance of success.
Contact our office for a free case review. We will look at your record, walk you through your options under California law, and tell you honestly what relief is available to you.
