California Penal Code section 1203.4 allows individuals who have successfully completed probation to withdraw their guilty plea and have the case dismissed. While this is not a true expungement — the record still exists and the conviction remains "prior-able" for sentencing purposes — it has a unique significance for Canadian immigration. The Canadian Consulate General in New York's US Criminality Assessment Guidespecifically recognizes PC 1203.4 dismissals as equivalent to a Canadian record suspension. This guide explains exactly what this means and its limitations.
What Is a PC 1203.4 Dismissal?
Under California Penal Code section 1203.4, a person who has fulfilled the conditions of probation (or been discharged from probation early) may petition the court to:
- ✓ Withdraw their guilty plea (or plea of nolo contendere)
- ✓ Enter a plea of not guilty
- ✓ Have the case dismissed
Important distinctions about what PC 1203.4 is not:
- ! It is NOT a true expungement — the conviction still appears on your record
- ! The conviction is still "prior-able" — it can be used to enhance future sentencing
- ! It does not restore firearm rights in all cases
- ! It does not seal the record from public view
The Canadian Consulate Recognition
The Canadian Consulate General in New York published a US Criminality Assessment Guide that specifically addresses PC 1203.4 dismissals. According to this guide:
A California PC 1203.4 dismissal is regarded as equivalent to a Canadian record suspension (formerly known as a "pardon") under IRPA s.36(3)(b).
This means that a person with only a PC 1203.4 dismissed conviction would not be inadmissible under:
- ✓ IRPA s.36(1)(b) — serious criminality for permanent residents
- ✓ IRPA s.36(2)(b) — criminality for foreign nationals
This is a significant exception. Most US state expungements and dismissal mechanisms are not recognized as equivalent to a Canadian record suspension.
Critical Nuances and Limitations
The PC 1203.4 exception is powerful but has important limitations:
- !Single conviction only: The recognition applies when PC 1203.4 is your only conviction. Multiple convictions or other criminal history may change the assessment entirely.
- !Officer discretion: Border officers retain discretion to examine the circumstances of the particular offence. A technically eligible 1203.4 dismissal for a very serious offence may still draw scrutiny.
- !California only: This recognition is specific to California's PC 1203.4 mechanism. Other states' expungement, dismissal, or diversion programs are not automatically given the same treatment.
- !Documentation is essential: You must be prepared to prove the 1203.4 dismissal at the border. Without documentation, the officer sees only the original conviction.
Documentation You Should Carry
When travelling to Canada with a PC 1203.4 dismissal, carry the following documentation:
- ✓ Certified copy of the 1203.4 court order — showing the guilty plea was withdrawn and the case dismissed
- ✓ Original court records — showing the conviction, sentence, and probation terms
- ✓ Proof of probation completion — documentation showing all conditions were satisfied
- ✓ California DOJ criminal history — showing current status of the conviction as dismissed
Having this documentation readily available prevents delays at the border. Without it, the officer may see only the original conviction in their database and proceed with an inadmissibility determination.
Not from California? Your Options
If your conviction is from a state other than California, the PC 1203.4 recognition does not apply. However, you still have options:
- ✓ Your state's expungement may be considered a positive factor in applications
- ✓ Deemed Rehabilitation may apply if 10+ years have passed (non-serious offences only)
- ✓ Criminal Rehabilitation applications are available after 5 years
- ✓ TRPs remain available for urgent travel
For a comprehensive look at how other states' expungements are handled, see our expunged record and Canada entry guide.
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View Reports & PricingFrequently Asked Questions
Is a PC 1203.4 dismissal the same as an expungement?+
No. A PC 1203.4 dismissal withdraws the guilty plea and dismisses the case, but it is not a true expungement. The record still exists, and the conviction can still be used as a prior for sentencing purposes. However, for Canadian immigration purposes, the Canadian Consulate in NYC recognizes it as equivalent to a Canadian record suspension.
Do I need to apply for anything in Canada if I have a 1203.4 dismissal?+
If your PC 1203.4 dismissed conviction is your only conviction, and the recognition applies, you should not need to apply for a TRP or Criminal Rehabilitation. However, you should carry documentation of the dismissal when travelling. If there are complicating factors (multiple convictions, very serious offence), you may want to apply for Criminal Rehabilitation for certainty.
Will CBSA officers know about the 1203.4 recognition?+
Not all border officers may be aware of the US Criminality Assessment Guide from the Canadian Consulate in NYC. This is why carrying certified documentation of your 1203.4 dismissal is critical. If an officer is unfamiliar with the policy, your documents allow them to verify and apply it.
I have a 1203.4 dismissal for one conviction but a second unrelated conviction. Does the 1203.4 help?+
The 1203.4 recognition is strongest when it applies to your only conviction. A second conviction — even a minor one — changes the analysis entirely. The dismissed conviction may still be considered in the overall admissibility assessment. In this scenario, consult an immigration lawyer.
Does California PC 1203.4a (for those sentenced to prison) get the same recognition?+
The US Criminality Assessment Guide specifically references PC 1203.4. Whether the related section 1203.4a receives the same treatment is less clear and may depend on the circumstances. If your dismissal was under 1203.4a rather than 1203.4, getting a legal opinion before travelling is recommended.
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